3 ms·
Ok, but not being a witness against oneself is not the same as not being forced to aid in prosecution? Because I think not to aid in your own prosecution is bro
by t0mas88 13y ago
Ok, but not being a witness against oneself is not the same as not being forced to aid in prosecution? Because I think not to aid in your own prosecution is broader, allowing the suspect to refuse this court order. Or was this court order unconstitutional?
- yebyen 13y agoI'm not arguing anymore whether it's constitutional or not. I think the argument is that he's already proven to be in possession of Child Porn, so there's no harm to his case in providing the rest of the evidence on the remaining drives. I think that's a despicable argument, as I thought "what would a frame-up look like" and if I was doing that to someone, I would have left the keys hidden conspicuously in an accessible place to one drive that I 0wned while in the process of setting this guy up. Now the remaining drives are automatically suspect. The difference now is that they claim they are not asking for his testimony implicating him, since he's already implicated. I just don't see how things are much different now than they were before. You might be right, about the difference between aiding and being a witness. I'm not even sure, though, how to go about proving that a person is in control of a hard drive, encrypted or not. Unless of course you found a thumb drive on their person with the keys, unprotected by a passphrase, and they can immediately be used to decrypt the drives.