Re:Senators propose lawful access to encrypted data
by smeeth on Saturday June 27, 2020 @12:40PM
(#23662830)
Interesting question. I think this would probably be protected against by the fifth amendment, would it not?
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Re:Senators propose lawful access to encrypted data
by dane-pgp on Saturday June 27, 2020 @01:14PM
(#23663057)
What if the communication were stored on a digital device, embedded in a person's skull, which they were able to interface their brain with?
That may sound like an unrealistic scenario, but there are already people with medical implants that record digital data, and there has been a case of using Fitbit data to help convict someone:
https://www.nytimes.com/2018/10/03/us/fitbit-murder-arrest.h...
Re:Senators propose lawful access to encrypted data
by djoldman on Saturday June 27, 2020 @01:42PM
(#23663231)
Interesting question yourself. I am not a lawyer, but: I think this would hinge on the definitions of "compelled" and "witness" in the fifth amendment. I think the courts would rule that being "a witness against himself" would require synthesizing thoughts into a statement then made under oath. I think searching thoughts would be considered a search.
It would be interesting to see how the courts would handle the fact that many thoughts are fleeting and not indicative of belief or intent.