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Granted my source for this is The Newsroom, but IIRC contempt of court is a tool that can only be used coercively, and not punitively. In other words, if you r
by peeters 8y ago
Granted my source for this is The Newsroom, but IIRC contempt of court is a tool that can only be used coercively, and not punitively. In other words, if you refuse to give your password, you could be detained indefinitely for contempt. But if you forget your password, you should be released immediately. Obviously that's open to interpretation and abuse, I'm just saying contempt would only be correctly applied here if there was reason to believe a witness/suspect was withholding the information, not when they're not able to provide the information.
- mirimir 8y agoWell, that ex cop in Philadelphia claims that he forgot his macOS FDE password, but he's still in jail.
- gknoy 8y agorefuse to give your password: detained indefinitely forget your password: should be released immediately How could that possibly work? The court has no way of knowing whether someone is refusing to comply, versus being unable to because they don't know (or never knew) a secret. Because of this, it seems very likely that any claim of having forgotten (or having never known) something will be treated as contempt.
- candiodari 8y agoEvery system builds on the humans implementing it. So in other words, this system gives judges the power to imprison anyone indefinitely. These guys, for example: https://en.wikipedia.org/wiki/Kids_for_cash_scandal https://en.wikipedia.org/wiki/Kids_for_cash_scandal