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I don't see how providing a passphrase is an admission of anything. You're not stating a fact, you're just providing the passphrase, which could be anything (tr
by rjh29 15y ago
I don't see how providing a passphrase is an admission of anything. You're not stating a fact, you're just providing the passphrase, which could be anything (true or false).
- xijhing 15y ago5th amendment is the right against self-incrimination. The response could provide self-incriminating evidence of an illegal act punishable by fines, penalties or forfeiture. Giving a password to your encrypted database could easily be interpreted as testifying against yourself as defined in the 5th amendment. Relevant: http://www.youtube.com/watch?v=i8z7NC5sgik#at=950 http://www.youtube.com/watch?v=i8z7NC5sgik#at=950
- lmkg 15y agoYou're admitting you have a passphrase, and therefore that you have access to the information it protects. This piece of information is non-trivial, as it eliminates one avenue of plausible deniability, and actions that implicitly provide this information are recognized as testimonial in nature.