Computer Password Protected by the 4th Amendment or the 5th or Neither?

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Discussion Overview

The discussion revolves around the legal implications of being compelled to provide computer passwords in the context of the Fourth and Fifth Amendments of the U.S. Constitution. Participants explore whether such compulsion constitutes a violation of rights against self-incrimination or unreasonable searches, considering both criminal and civil contexts.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Technical explanation

Main Points Raised

  • Some participants suggest that the government can compel individuals to provide passwords if there is a warrant that specifies access to the computer.
  • Others argue that compelling someone to provide a password could violate the Fifth Amendment's protection against self-incrimination.
  • A participant recounts a personal experience where a court allowed a warrant to search their computer during a civil suit, raising concerns about the implications of such searches.
  • There is a discussion about the potential for subpoenas to compel password disclosure, with some expressing skepticism about the legality of such actions under the Fifth Amendment.
  • One participant questions the legality of forcing individuals to undergo tests (like drug or DNA tests) as a form of self-incrimination, drawing parallels to password disclosure.
  • A humorous perspective is offered, suggesting that if someone cannot remember their password, they cannot be compelled to provide it.

Areas of Agreement / Disagreement

Participants express a range of views on whether the Fourth or Fifth Amendment applies to password disclosure, with no consensus reached. Some believe that legal compulsion is permissible under certain conditions, while others maintain that it constitutes self-incrimination.

Contextual Notes

Participants reference specific legal cases and decisions, but the implications of these cases remain unresolved within the discussion. The nuances of legal definitions and the context of civil versus criminal cases are also acknowledged but not fully explored.

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Can the government compel you to provide your computer password if they think there is illicit material stored in an encrypted part of the hard drive? *If there was ever a case when it seemed like the Constitution was no … Continue reading →http://stats.wordpress.com/b.gif?host=virtualnavigator.wordpress.com&blog=11498882&post=819&subd=virtualnavigator&ref=&feed=1

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Not just "the government". You can be compelled to offer up your PC for a search if you are involved in a civil suit.
 


Sure if they've got a warrant they can demand access to anything the warrant specifies.
 


Evo said:
Sure if they've got a warrant they can demand access to anything the warrant specifies.
I was suing a crook for back-pay, and he counter-sued for $650,000, and the court let him have a warrant to search my PC because I had used it at home to deal with customers. It was a fishing expedition that yielded nothing of use to him, but it was still a big pain in the butt.
 


I imagine that one could theoretically be subpoenaed to provide such information, however, I think it could also constitute self incrimination, in which case, they could not compel a person to provide passwords.
 


Let's not forget that the expressed purpose of the Fifth Amendment was to prevent the torturing of prisoners. Making it a crime to fail to give up a password and sentencing a defendant to prison is essentially the same thing.

- There was a recent decision by the seventh circuit court of appeals that enables the police to search cell phones without a warrant.

- Even forcing a suspect to take a drug test, alcohol test or DNA test is problematic. How are any of these not a form of testifying against oneself? Calling driving a privilege and agreeing to providing a sample as part of that privilege doesn't resolve the problem. Suppose a law were passed that made owning a house a privilege and before buying a house, prospective owners had to sign a statement permitting the police to conduct searches without a warrant?
 
All passwords are protected by a bad memory.
You can't be forced to give information you can't remember, can you?
 


turbo said:
I was suing a crook for back-pay, and he counter-sued for $650,000, and the court let him have a warrant to search my PC because I had used it at home to deal with customers. It was a fishing expedition that yielded nothing of use to him, but it was still a big pain in the butt.

Had you refused to provide your password, assuming you had one, what would the court have done? Hold you in contempt? Dismiss the case? Decided in favor of the defendant? Did you consider invoking the 4th or 5th amendments?
 
  • #10


skeptic2 said:
Let's not forget that the expressed purpose of the Fifth Amendment was to prevent the torturing of prisoners.

Yes. And, also, without the Fifth Amendment, a suspect can be forced to incriminate one's self for a crime not committed.
 

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