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Unread 01-24-2012, 04:02 PM   #1
Lazarus
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Can the Government Force You To Divulge Your Password?

I guess it all boils down to "Can you be forced to testify against yourself?"

http://www.theblaze.com/stories/fed-...rypted-laptop/
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Unread 01-24-2012, 04:17 PM   #2
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I can't wait to try that waterboarding thing.
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Unread 01-24-2012, 04:59 PM   #3
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Be interesting to know how this all comes out. I would say she can refuse and take the Fifth.
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Unread 01-24-2012, 08:20 PM   #4
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america..........
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Unread 01-24-2012, 08:58 PM   #5
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So it is ok to lock your sins into an encrypted computer and take the fifth ?
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Unread 01-24-2012, 09:04 PM   #6
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So I guess the answer to the question is YES...
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Unread 01-24-2012, 09:11 PM   #7
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So , how long '' this circle '' of non responsability will continue ? It looks so deep , like a hard disk .
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Unread 01-25-2012, 08:27 AM   #8
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A judge can authorize the search of your house and property, but cannot compel you to speak out against yourself. Likewise, when the law shows up with a warrant you are not compelled to show them where things are located or to produce evidence that might be used against you. You are only compelled to get out of the way.

If the law finds a locked box in your bedroom they cannot compel you to produce the key. If they find the key, great. Otherwise, they have to break into the box. What's the difference between the locked box and a laptop?

Like I said, the outcome is going to be interesting.
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Unread 01-25-2012, 09:19 AM   #9
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Like I said.... Looks like the Judge ruled and is sayin she has to unlock it..
They also say she is exempt from prosecution.. Interesting case.. Lotsa precedent here..
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Unread 01-25-2012, 10:19 AM   #10
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They say they won't use it "in the case against her." But it would certainly not look good for her if it is used in a case against someone else. Usually, for a court to overcome the Fifth Amendment the "witness" is protected against prosecution totally.

I stand on what I said. I would refuse. I think the district judge's ruling could be overturned. Of course, the lady can be held in contempt of court and possibly jailed.
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Unread 01-25-2012, 10:22 AM   #11
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And then she can refuse , but isn't it what she is doing ? Then she will argue , it doesn't mean I'm guilty or it doesn't imply .... , I'm just protecting my rights. Ma please .....

Like I said , '' this circle '' ...........

P.S. In Romanian , '' Fricosu '' means " Scared '' , maybe she is just scared , will see ....


John , '' developing technologies '' are developed in part by creating the need . So if the need exists , is it ok for the government to develop and use them ?
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Unread 01-25-2012, 10:35 AM   #12
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If there is a warrant for a safe, they can take it and crack it...but they can't force you to provide a combination. Same goes for a laptop. A password is not something that can be "confiscated" as it's something in your mind. One can't be forced to testify against yourself, and I think that qualifies.

'Course, what can they do if it's been a year or two and she simply says, "Gee, been so long, I've forgotten it."

Some DOD encryption programs will wipe the hard drive if the proper password isn't put in by a certain date....others will wipe it clean if the incorrect password is entered twice.

I think she's on solid ground by just saying nothing...
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Unread 01-25-2012, 11:39 AM   #13
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It really makes you think....I would say yeah.
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Unread 01-25-2012, 07:35 PM   #14
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Quote:
Originally Posted by Laz
One can't be forced to testify against yourself
Yeah, but if you don't take the breathalizer you're presumed guilty and get a dui. Stinks.
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Unread 01-26-2012, 07:16 AM   #15
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The breathalizer is a little different. It's not much different than doing the walk and standing on one foot. It's not "speech." You're not being searched, and you're not saying, "hey, I'm drunk as a skunk."

When you consider that a drunk driver is a menace to untold others on the roadways, states have a "compelling reason" to take action.
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