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There are a handful of state courts in the US that find passwords testimonial, and therefore the Fifth Amendment prevents compelled production of passwords. [1]
by SippinLean 6y ago
There are a handful of state courts in the US that find passwords testimonial, and therefore the Fifth Amendment prevents compelled production of passwords. [1]
Could that apply here?
1 https://www.techdirt.com/articles/20191124/09372943445/pennsylvania-supreme-court-says-compelled-password-production-violates-fifth-amendment.shtml https://www.techdirt.com/articles/20191124/09372943445/penns...
- tenuousemphasis 6y agoBorders are constitution-free zones, didn't you know?
- SippinLean 6y agoMost of those cases have been related to the 4th, not the 5th right?
- Hnrobert42 6y agoActually, the First Congress okayed border searches. Given that many of them were authors of the Constitution, it stands to reason that border searches were always intended to be allowed under the Constitution, even if not stated explicitly. https://www.law.cornell.edu/constitution-conan/amendment-4/border-searches https://www.law.cornell.edu/constitution-conan/amendment-4/b...
- ceejayoz 6y agoDid they expect the definition of “border” to get quite so mangled, though? https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone I also suspect they did not anticipate it being both feasible and normal to have one’s entire private writings on one’s person at all times like modern phones permit.