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Author Topic: Appeals court: Fifth Amendment protections can apply to encrypted hard drives [Locked]
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
Better read this carefully as there is some nuance.

http://arstechnica.com/tech-policy/news/2012/02/appeals-court-fifth-amendment-protections-can-apply-to-encrypted-hard-drives.ars

For what it is worth, I don't agree with the nuanced position. IE exceptions to constitutional law.
RF_YWG  1 star
Title: Pot-bellied Biker
Posts: 105
Registered: 2006-9-23 13:46:46
This is going to be a complex issue, simply because of the massive amount of information a hard drive (or other storage device) can contain.

 

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Caoilin  4 stars
Title: Instigator
Posts: 2,278
Registered: 2001-11-20 00:03:45
you can't be forced to give over information you don't have though. and it's so easy to forget a password, isn't it?

 

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Lannai  1 star
Posts: 103
Registered: 2004-10-7 21:55:56
Caoilin posted:

you can't be forced to give over information you don't have though. and it's so easy to forget a password, isn't it?



No...but you can be held in contempt indefinitely I don't agree with this...but a person could sit in jail for a very long time while the years of appeals drag on. But if a person has decades of prison time hanging over their head...being held in contempt hardly matters.

 

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Lannai
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