Re: Computing student jailed after failing to hand over crypto keys

[Valdis.Kletnieks () vt edu]

On Thu, 10 Jul 2014 02:03:43 -0000, "Blanchard, Michael (InfoSec)" said:
> So, just for debate...
>
>   The 5th protects us from handing over passwords.  So they ask for decrypted data to be handed over.
>    Wouldn't that be a 5th amendment violation as well?

Keep in mind that the story is from England, which doesn't have a 5th
Amendment (or a 4th, for that matter).

And a lot of the current fuss in US case law on the subject actually does
revolve around whether requiring somebody to cough up a password is more akin
to producing a physical key for a padlock and covered by the 4th, or whether
it's compelling a statement and thus covered by the 5th. (The problem is that
the ground rules for a DA to force a statement and force production of a
key are quite different)....

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