On Thu, 10 Jul 2014 02:03:43 -0000, "Blanchard, Michael (InfoSec)" said: > So, just for debate... > > The 5th protects us from handing over passwords. So they ask for decrypted > data to be handed over. > Wouldn't that be a 5th amendment violation as well?
Keep in mind that the story is from England, which doesn't have a 5th Amendment (or a 4th, for that matter). And a lot of the current fuss in US case law on the subject actually does revolve around whether requiring somebody to cough up a password is more akin to producing a physical key for a padlock and covered by the 4th, or whether it's compelling a statement and thus covered by the 5th. (The problem is that the ground rules for a DA to force a statement and force production of a key are quite different)....
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