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an EFF lawyer talked about this at toorcon last year and said the exact opposite of what you just said. What she basically said was that you can plead the fift
by saranagati 15y ago
an EFF lawyer talked about this at toorcon last year and said the exact opposite of what you just said. What she basically said was that you can plead the fifth to not give up the password however the court can give you amnesty for whatever you say (the key) can not be used against you. The content that is found on the hard drive using that key could still be used against you. Once the court gives you amnesty you can no longer plead the fifth and if you still refuse they can hold you for an indefinite amount of time.
- nkassis 15y agoI find that problematic in a way. If in a murder case the defendent was given immunity for him to say the statement "the body is buried at xyz" would the corpse being found using that statement be used against him? I can see this as still incriminating himself no?
- saranagati 15y agobit late on the response but it's a different situation. Pleading the fifth isn't the same as not knowing or forgetting something. Murderers don't bury bodies then when caught say that they know where it's buried but aren't telling. Even if this was the case and they gave the defendant immunity for knowing where the body is, once they found the body they could use the body to try and find evidence to link the defendant to the murder. It's just like saying "ok well just because you know where the body is, it doesn't mean you murdered the person".