[FDE] Should Boucher be forced to handover the password toencrypted data?
Mike Markowitz
markowitz at infoseccorp.com
Wed Feb 20 10:15:21 MST 2008
At 10:53 AM 2/20/2008, dan at geer.org wrote:
>A court can order you to turn over your house keys.
>
>Why cannot it order you to turn over your data keys?
>
>[ not rhetorical -- the practice of law is the search
>for analogies... ]
the analogy might be correct if both issues were based on the same
constitutional protections and covered by the same case law.
however, searching your house is covered by the 4th amendment,
self-incrimination by the 5th.
so i'm afraid you're confusing apples and oranges.
-mjm
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