this post was submitted on 16 Dec 2023
623 points (99.4% liked)
Technology
59312 readers
5006 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I don't understand the USA law that well, probably not a good thing because I've lived here my whole life, but don't the Miranda rights say "you have the right to remain silent" and the 5th amendment says you have the right to not answer any questions that would self incriminate yourself? The police can't legally compell a private citizen to tell them a phone passcode or anything and I think any defense lawyer would immediately call out a judge who posed the threat of contemp over this.
IANAL. I recommend you start with the link I shared and the OP article which has a massive number of links to related cases (included the one I shared). The basics, as I understand them, is that being compelled to share a password and being compelled to give details of a crime you committed are viewed differently by the law.
Last I looked at it, it was like having a safe. They can take the safe and break in.
If the safe is locked by a key. They can subpoena a key since it's a physical object. It's something you have, not something you know. If you're phone is locked by biometrics, it's something you have. They can force you to give them something you have.
If the safe is locked with a combination, they cannot force you to talk. You have the right to remain silent and the right not to incriminate yourself. If your phone is locked with a pin or passcode, it's a similar concept.
However, things get murky, because if we stay with the safe analogy, and they know you have a specific document or item in that safe. They can subpoena that specific document and you may be compelled to provide the document, although maybe not the combination.
Anyway, long story short. Shit is weird and not cut and dry.