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Giving up keys about information otherwise already known to be on the computer is what's declared non-testimonial though. It would be like refusing to open a s
by mpyne 12y ago
Giving up keys about information otherwise already known to be on the computer is what's declared non-testimonial though.
It would be like refusing to open a safe even though the cops have a video recording of every point in time from you putting a bloody knife in the safe to the present time; making you open the safe isn't what proves your association with the knife as the police already have that on video.
How the courts interpret that kind of theory for computing will certainly be intriguing though.
- mikecb 12y ago|Giving up keys about information otherwise already known to be on the computer is what's declared non-testimonial though. That was true of In Re Boucher and to a similar extent US v Kirschner, but in US v. Fricosu, the agents had not seen the contents of the computer, as the defendant claimed she couldn't remember the password. Obviously PC still has to exist that the thing to be found will be found on the computer, but in Fiscosu it was.