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I thought the only way you could use contempt citations to compel testimony was to immunize the subject. Has this guy been immunize for any crimes that may be
by charlieo88 7y ago
I thought the only way you could use contempt citations to compel testimony was to immunize the subject. Has this guy been immunize for any crimes that may be revealed by the testimony, ie telling his password, that he may give?
- Zak 7y agoThere isn't a supreme court precedent yet for whether forcing someone to disclose a password is equivalent to compelling testimony. The 11th circuit court of appeals says it is, which should be binding in Florida. They're apparently using a district court ruling that says something else, so there's probably some subtlety at work. Possible subtleties include: * Is requiring someone to enter a password into a computer equivalent to compelling them to disclose it? * Is compelling someone to confirm or deny knowledge of a password forced testimony because it implies the person has control over the data that password protects (assuming that's not established by other evidence). * Is compelling someone to produce the unencrypted contents of a storage device equivalent to compelling them to disclose the password or key?