4 ms·
If you have something, a court can order you to give it up. If you know something which might incriminate you (e.g. a password), your testimony is protected by
by andreyf 10y ago
If you have something, a court can order you to give it up. If you know something which might incriminate you (e.g. a password), your testimony is protected by the 5th.
- nickff 10y agoPasswords have only been protected by the 5th amendment when ownership of the electronic account/device is unproven.
- BickNowstrom 10y agoFor international laws, see: https://en.wikipedia.org/wiki/Key_disclosure_law https://en.wikipedia.org/wiki/Key_disclosure_law Specifically for the US, see: https://en.wikipedia.org/wiki/Lavabit#Suspension_and_gag_order https://en.wikipedia.org/wiki/Lavabit#Suspension_and_gag_ord... and https://en.wikipedia.org/wiki/United_States_v._Fricosu https://en.wikipedia.org/wiki/United_States_v._Fricosu
- sbierwagen 10y agoImportant to note that this is a legal theory, that is not yet backed up by precedent or statute! The police have successfully compelled password disclosure many times.
- andreyf 10y agoThere has been tons of precedent, on both sides: http://www.zdnet.com/article/florida-court-says-password-disclosure-not-protected-by-fifth-amendment/ http://www.zdnet.com/article/florida-court-says-password-dis... This is the only sane interpretation, though, as people have more and more encrypted devices, it's unreasonable to punish someone for not remembering a password.
- digler999 10y agounless you're that police officer from pennsylvania who they just locked up without due process until he coughs up the password.
- pc86 10y agoSource? I'm from PA and haven't heard about this.
- digler999 10y agohttps://www.washingtonpost.com/news/morning-mix/wp/2016/04/29/fifth-amendment-battle-former-police-officer-has-been-locked-in-solitary-confinement-for-7-months-after-not-handing-over-his-passwords/?utm_term=.b34133589c91 https://www.washingtonpost.com/news/morning-mix/wp/2016/04/2... apparently the "All Writs Act" of 1789 is the "constitution doesn't apply to you" trump card.
- deleted 10y ago[deleted]
- DrScump 10y agothey just locked up That wording implies that this "just" happened, even perhaps during the current administration. The court order was 18 months ago, and he's been "locked up" for the past 16 months.
- bdsa 10y agoI think he meant 'just' in the 'simply' sense.
- geofft 10y agoThe Florida Second District Court of Appeals disagrees with you. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/12/14/iphone-user-can-be-forced-to-produce-the-passcode-to-his-phone-court-rules/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201... My iPhone is set to passcode unlock instead of fingerprint because of the reasoning you say, but if other courts start agreeing with this one, I'm inclined to change to Touch ID for simplicity :( There is still the argument that you can be physically coerced to unlock your phone against your will by someone pressing it against your finger, but you can't type in a passcode against your will.
- AstralStorm 10y agoWhat if you have a self destruct code? (engineered in a way that makes it indistinguishable that it has been activated instead of normal description) Or better yet, a dead man switch. Cannot be really held in contempt for having features to prevent coercion.
- andreyf 10y agoCall me when a circuit court makes a decision, at the least. SCOTUS will almost certainly decide on "forgetting your password is not a crime".