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This is exactly what worries me, especially if the government legislates this and makes the do-you-remember issue an affirmative defense, which shifts the burde
by stuckintraffic 13y ago
This is exactly what worries me, especially if the government legislates this and makes the do-you-remember issue an affirmative defense, which shifts the burden of proof onto the defendant. I recently forgot the very complicated passphrase I used on a months-old encrypted USB thumb drive. And I'm a doctor (implying that I should generally be good at remembering stuff).
In many criminal cases, months or years pass between evidence seizure and the criminal trial. Seems very easy to forget the decryption key. Or not have access to the 2-factor token anymore. Lot's of edge cases with very serious side effects.
- mhurron 13y agoWouldn't exercising your 5th amendment rights remove the need for you to lie about not remembering?
- maskedinvader 13y agoBut in March 2010, a federal judge in Michigan ruled that Thomas Kirschner, facing charges of receiving child pornography, would not have to give up his password. That's "protecting his invocation of his Fifth Amendment privilege against compelled self-incrimination," the court ruled (PDF). from the article, it looks like a judge in 2010 agrees edit: edited for formatting
- darkarmani 13y agoNot using the arguments of prosecutors. That's the problem.