Re:Man jailed indefinitely for refusing to decrypt hard driv...
by pc86 on Tuesday March 21, 2017 @10:41AM
(#13922548)
As the courts have interpreted it, 5A protects you if they can't even prove the safe is yours, or if otherwise admitting that you know the combination or that you know what's in the safe would result in incriminating testimony. 5A doesn't apply here because they know the device is his, and that prior to his arrest he had regular access to it. It's not incriminating testimony, it's delivery of evidence in a criminal trial subject to a lawful subpoena.
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Re:Man jailed indefinitely for refusing to decrypt hard driv...
by dragonwriter on Tuesday March 21, 2017 @01:11PM
(#13924150)
Delivery of evidence is delivering the hard drive; changing the state of the evidence is a concretely different thing.
It amounts to interpreting the existing evidence for law enforcement.