Posts tagged 5th amendment

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Posted 1 year ago
Judge Orders Defendant to Decrypt Laptop | Threat Level | Wired.com. So that all is clear: this ruling means that your right to not incriminate yourself doesn’t protect you from having to unencrypt your laptop, but it does protect you from having the fact that you DID unencrypt it used against you. This case, notably, isn’t about whether or not the police can force you to unencrypt your laptop as part of a search, i.e. your 4th Amendment rights in this situation. Which is something that I can’t help but wonder about. Zoom

Judge Orders Defendant to Decrypt Laptop | Threat Level | Wired.com.

So that all is clear: this ruling means that your right to not incriminate yourself doesn’t protect you from having to unencrypt your laptop, but it does protect you from having the fact that you DID unencrypt it used against you.

This case, notably, isn’t about whether or not the police can force you to unencrypt your laptop as part of a search, i.e. your 4th Amendment rights in this situation. Which is something that I can’t help but wonder about.

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Posted 1 year ago

DOJ: We can force you to decrypt that laptop | Privacy Inc. - CNET News

The prosecution is trying to make themselves look a little better by saying that they don’t actually demand the password, only that the accused type it in. By my reckoning, demanding that someone unencrypt their computer for you is certainly just as much self-incrimination as having them tell you their password. We’ll see how this case shakes down.

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Posted 1 year ago

Prosecutors Demand Laptop Password in Violation of Fifth Amendment | Electronic Frontier Foundation

It’s a cool argument: supplying a computer password provides a ton of possibly incriminating data, and even giving the password admits that you encrypted the data. Let’s see how this turns out.