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Re:Man jailed indefinitely for refusing to decrypt hard driv... by rayiner on Tuesday March 21, 2017 @12:34AM (#13919893)
It's not bizarre at all. "To be a witness against himself" is not metaphorical or ye olde English. It literally means what it says--the government can't force someone to testify against himself (i.e. to provide a confession). If the Founders had meant to say that the government can't compel someone to cooperate in an investigation at all, they would have said that.
Re:Man jailed indefinitely for refusing to decrypt hard driv... by throwaway91111 on Tuesday March 21, 2017 @01:50AM (#13920140)
Ahh yes, they spell out their interpretation clearly in the companion manual to the constitution.
Re:Man jailed indefinitely for refusing to decrypt hard driv... by rayiner on Tuesday March 21, 2017 @08:39AM (#13921610)
The companion manual is called a dictionary. The word "witness" means someone who provides testimony based on personal knowledge.

If the framers had meant to say "provide evidence" instead of "be a witness" they would have said that. They were lawyers and those words were commonly used legal terms that meant the same things they do today.

Re:Man jailed indefinitely for refusing to decrypt hard driv... by rtpg on Tuesday March 21, 2017 @02:33AM (#13920280)
I think it's about the meaning of words when the text was written.

"To bear arms" doesn't mean to have human arms, after all

Re:Man jailed indefinitely for refusing to decrypt hard driv... by contravariant on Tuesday March 21, 2017 @12:07PM (#13923511)
I don't agree that testifying is the same as confessing. To testify is to provide a testimony (under oath), which is broader than an actual confession. The reasoning behind the 5th amendment is that nobody should be put in a position where they either have to lie, incriminate themselves, or be held in contempt of court.

If the government can't compel someone to say when, where and how they disposed of the bodies, then they also can't make someone explain how they encrypted some files.

In case they can confirm the existence of files some other way I guess you could make the case that the government can force someone to produce those files. Of course this won't tell them anything they didn't know already (which is kind of the point). Making someone produce files that may or may not exist is the same as making them testify that those files exist and that they have access to them, which I would argue falls under the 5th amendment.

Re:Man jailed indefinitely for refusing to decrypt hard driv... by fjdlwlv on Tuesday March 21, 2017 @01:32AM (#13920078)
The Constitution is extremely​ abbreviated because it was written by hand. Your arbitrary definition of "witness" isn't more or less correct then someome else's; these terms are negotiated over the centuries with a great deal of context.

The Fifth Amendment has been consistently interpreted to mean far more than "confession"

Re:Man jailed indefinitely for refusing to decrypt hard driv... by pvg on Tuesday March 21, 2017 @04:04AM (#13920539)
The Constitution is extremely​ abbreviated because it was written by hand.

?!