Re:Apple’s “warrant canary” disappears
by SEJeff on Thursday September 18, 2014 @03:08PM
(#8337015)
No in the US you can plead the 5th and simply not respond.
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Re:Apple’s “warrant canary” disappears
by eridius on Thursday September 18, 2014 @07:57PM
(#8338334)
Corporations cannot plead the 5th. That only applies to individuals. And it only applies when there is any reason to believe there is a risk of self-incrimination.
So yes, if you are in a circumstance where pleading the 5th is allowed, then you may plead the 5th and therefore not comment. But in the case of a corporation, or in the case of circumstances where you may not plead the 5th, then you cannot escape punishment by asserting that you are in a catch-22.
As Mitt Romney was fond of saying, "corporations are people"
Re:Apple’s “warrant canary” disappears
by eridius on Thursday September 18, 2014 @09:09PM
(#8338537)
Sure, and legally in many ways corporations are people. But in this specific case, corporations do not enjoy the protections of the 5th amendment.
Re:Apple’s “warrant canary” disappears
by anonbanker on Sunday September 21, 2014 @11:44AM
(#8347397)
[Citation needed]
I learned it from The Illustrated Guide to Law, which is a webcomic about law written and illustrated by a criminal defense lawyer.
The page that states this is http://lawcomic.net/guide/?p=2600, though the next couple of pages are relevant as well.