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great, now look up what "dissent" means. Dissent is legal mumbo jumbo for "stuff that ain't law." When you have a panel of judges, we go with the decision of
by vivekd 10y ago
great, now look up what "dissent" means. Dissent is legal mumbo jumbo for "stuff that ain't law."
When you have a panel of judges, we go with the decision of the majority of judges. The decision of the minority of the judges is still published under the heading "dissent." It isn't the ruling and it doesn't affect the law, but it's published just to note that they disagreed and their reasons.
There are some 5th amendment encryption cases where there is a question about whether the government has shown that there is a reasonable certainty that the files contain the evidence being sought. In those cases the 5th amendment would act to protect the info. That doesn't seem to be the case here and in that case, it seems like clear law that he would have to give up the data.
- Programmatic 10y agoI am well aware of what "dissent" means. Fortunately, this is a supreme court justice talking about a case that was not about a combination lock. Unless you can show something that says that you can be compelled to open a combination lock (I couldn't), I'll take the supreme court justice's word for it.
- vivekd 10y agoYou're right, combination locks are protected by 5th amendment as Testimonial evidence. I was wrong in my original post, however this doesn't apply to computer encryptions which the court seems to treat more like keys to a safe which are not protected, I'll correct my post accordingly thanks.
- MertsA 10y agoSo if I put a dial interface on my computer I can't be compelled to give up my "combination"?
- sean2 10y agoYou're combination is protected under the fifth, but you can be compelled to unlock your computer using that combination, which is exactly what the judge is ordering in this particular case. And don't complain too me that it's essentially the same thing; this is the judge's reasoning, not mine.