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Theoretically, a password is protected by the fifth amendment only in very limited circumstances, basically when the mere knowledge of it would be evidence agai
by gradschool 17y ago
Theoretically, a password is protected by the fifth amendment only in very limited circumstances, basically when the mere knowledge of it would be evidence against you. If your equipment is seized legally with a court issued warrant, you'd normally be expected to disclose it. However, if your defense is that your system was compromised and encrypted files were put there by an attacker, there is an issue of self-incrimination and fifth amendment protections may apply. It would then be up to the judge to rule on it.(corrections welcome, IANAL)
- Retric 17y agoI wonder if stating that the password it's self is incriminating information would also allow it to fall under Fifth Amendment protection. AKA, the password is a sentence that contains incriminating information. I it could be argued that pleading the fifth for every single question is allowed under the Fifth Amendment because what information you think might be incriminating is also incriminating information. AKA where on December 2, 1952 and you plead the fifth. But you are willing to say where you where on the December 1, 1952 and December 3, 1952.
- deleted 17y ago[deleted]
- evgen 17y agoThis is a quick route to a contempt of court charge and the judge will let you spend some quality time with the folks in the local jail until you decide that being a smartass to someone who can send you directly to jail is a bad idea.