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I'm trying to find out if it is legal (in the USA) for a person to withold passwords from authorities. It is legal? I "heard" that one can without passwords, to keep from incriminating his/herself. Sort of like "pleading the 5th."
If you know, any actual documentation would be appreciate.
Cheers.
That's a good question. But it may be a moot point. They can seize the computer and use password cracking programs on it easily enough.
I'd just like to know if one can be legally forced (backed by legal punishment) for not disclosing a password, when requested by authorities.
I'm no legal expert but wouldn’t that fall under with holding evidence or obstruction of justice. That’s why you have the 448bit encryption. To keep those pesky government computers form cracking you encrypted porno collection.
I was thinking that vocalizing a password could fall under the "right to remain silent."
The Fifth Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself , nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
If one can be legally forced to disclose a password, the same could be imposed to decrypt data...
I hope someone can come up with actual legal cites for this matter...
Try this siteCornell Law . It should have the info you are looking for.
You could always say that you have forgot your password and there is nothing they can do with it:)Quote:
Originally posted here by cimotaflow
I'd just like to know if one can be legally forced (backed by legal punishment) for not disclosing a password, when requested by authorities.
Say if you had a password to your email and you weren't saying what it is. Couldn't the government subpoena (prolly the wrong term here) the email provider, so that they could tell them?
we...a lot depends on your country...in Canada we don't have anything like "The 5th" or the famous miranda speech..when our cops arrest you all they have to say is you have the right to retain and instruct council...(i think...never having been arrested..) ...
I am pretty sure that most democratic countries could not force you too divulge a password...how could they....that would be like saying to a murder...ok you have to tell us where you hid the body...you can tell em or not...there's not much they can do if you don;t want to tell...however...they can and will seize any and everything of they think will give them the evidence they need...and they will crack your pwd if they want or need to...
Just say you forgot it and they will leave you alone ;)
I think there are two sides to this.
Yes, on the one hand they can't ask you to incriminate yourself ...
But on the other hand, if they have a search warrant, don't they have the right to search your files?
It's like having a safe in your office ... are you allowed to withhold the key to it from law enforcement officials if they have a search warrant?
I'm no lawyer, so I don't have the answer, but it's an interesting question.
Cheers,
BrainStop
But do you think lawyers will leave you alone? :)
Quote:
I think BrainStop offers a good point, which may be coming close to the "reasonable" answer. Whether or not it's close enough to the definitive legal facts in the matter remains to be seen (as also mentioned by BrainStop).
It should stand to reason that if one could have his/her premises (belongings) searched, a person could obviously have his/her computer searched. So, a person who is being searched doesn't need to disclose (by self-incrimination) what it being looked for [?], even though the authorities have obtained a legal warrant to have a look.
Granted most people have nothing serious to hide, and their hope is to maintain their right to privacy. The best solution is to avoid the unnecessary attraction of law enforcement, and to have nothing useful to offer or be discovered should they ever come looking.
This is indeed a worthy subject. Perhaps we should take some time (as a group project) to look into this a little further.
A web search on "lawful search and seizure" or "what to do when apprehended" or "right to remain silent" or "right to privacy" or even "police and probable cause" may help us find something substantial on this.
I'm sure someone here could find some useful information for us.
Google Search
iWon Search
Ask Jeeves Search
Thanks for your input and participation...
Cheers!
::hide-beh