General Forums > General Dissation

5th Amendment vs Forced Laptop Decryption

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Quintain:
Winner: 5th amendment

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

Taket the Grey:
this is one of those cases where i'm actually at a loss on where i think SCOTUS should stand. it's a weird situation, that clearly couldn't have been foreseen by the founders.

EDIT: Though i tend to side with the citizens so I'd rather this outcome than the other.

~

Shoelayceberry the [Unlaced]:
Saw this a bit ago. Thx.

Astitious:
I think it is pretty simple. If you give the authorities the decryption keys you are incriminating yourself. Thus self-incrimination. Which we are protected against in the 5th amendment.

It doesn't matter though. If the authorities want it bad enough they can just slap the terrorist label on someone and waterboard them until they get the decryption keys.

Taket the Grey:
But the courts have ruled that one must turn over keys or combinations for safes in the past yes?

And be more dramatic you tool

~

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