Until there is a law on the books or a judicial precedent it's debatable. The state/prosecution understands this process and will move forward until the above

Until there is a law on the books or a judicial precedent it's debatable. The state/prosecution understands this process and will move forward until the above debate is settled. I understand it as providing your passphrase/word is providing what you 'know', one of the three tiers of authentication. This in it self is testimony.