4 ms·
If I have something illegal and incrementing on my encrypted hard drive, am I not helping incriminate myself by giving the password? That is the basis of the l
by hysterix 15y ago
If I have something illegal and incrementing on my encrypted hard drive, am I not helping incriminate myself by giving the password? That is the basis of the law, and if indeed you are incrementing yourself by providing a passphrase for an encrypted container, you don't have to provide it; in a nutshell you are dead wrong.
Your metaphors about a password being a locked door and this and that is nonsense, a password is not a locked door. A locked door is a locked door. An encrypted file that is password protected is an encrypted file that is password protected, I don't have to let anyone look at anything If I don't want to, regardless if they have a warrant; they will just bust in anyway.
When police have a warrant, lots of times they don't even knock on the door, but just barge their way in. They can attempt to do the same with the encrypted file, they can brute their way in, but you are not required by law to help them accomplish this.
"Although the only way the password content can be incriminating is via the language of the password,". This is you guessing and making things up. This is you spouting your opinion 100%. If I have something extremely illegal on an encrypted container, than giving the password is most certainly incriminating my own self. This fantasy you have that the only self-incrementing that can occur is if the password itself is a sentence stating guilt is the biggest load of bullshit I've read on ycombinator in a long time, wherever did you come up with this nonsense I'll never know.
Your attitude towards bending over and letting any government official rape you, is unsettling at the least, and a terrible sign of where our society is at the most. I pray there are as little people sharing your opinion out there as possible, else I weep for the future of society.
Also, please tell me what they could possibly do if one claims to have forgotten the passphrase? Presidents for years have gotten away with everything by stating, "I can't recall" on tough questions; who's to say with all the fuss and scary guns pointed at you during the raid, you totally forgot your passphrase? How could anyone ever prove you actually forgot it or not? Charged with obstruction of justice you say? Imagine if the contents on the encrypted container itself would get me into 10,000 times more trouble than an obstruction of justice charge, then obviously I've done the smart thing.
- loup-vaillant 15y agoThere is common sense, there is common decency, and there is the Law. As you must know, the law sometimes isn't sensible nor decent. I think everyone here agree about the humane thing to do here: never ever force someone to either (i) incriminate herself, (ii) lying under oath, or (iii) risk contempt of court. Similarly, probably everyone here agree about the sensible attitude towards passwords: never force anyone to give hers. But the letter of the Law isn't the same. And I think Boredguy8 was talking about the Law.