4 ms·
>Can't remember is a statement that can be disproven It is? I'm not sure how you'd disprove it. Anecdotally (which I suppose actually matters in this case!) I'
by garblegarble 9y ago
>Can't remember is a statement that can be disproven
It is? I'm not sure how you'd disprove it. Anecdotally (which I suppose actually matters in this case!) I've had a case where a (fairly long, 26 character) password I used regularly suddenly (and thus far, permanently!) went out of my head. I can remember some fragments of the password but not the whole thing.
- AstralStorm 9y agoIf the prosecution has evidence you have recently logged in it will be all upto whether the jury believes you.
- jasomill 9y agoI'd say the point is that the idea that the legal system suddenly has no way to deal with witnesses claiming forgetfulness "because encryption" is absurd. The only novel issues encryption brings to the table involve self incrimination, because, AFAIK, IANAL, etc., the only time an encryption key is inarguably protected by the fifth amendment is where the fact that the defendant knows the key is itself incriminating evidence, because the fifth amendment only applies to self-incriminating testimony, not other self-incriminating evidence in the defendant's possession (e.g., the contents of a hard drive, encrypted or not).