more on Can you be compelled to give a password?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Mike Godwin <mnemonic () well com>
Date: July 28, 2006 10:21:06 PM EDT
To: dave () farber net
Cc: ip () v2 listbox com
Subject: Re: [IP] more on Can you be compelled to give a password?



Dave, I researched this question pretty extensively when I was at  
EFF, and my conclusion then was that the government could compel the  
production of encryption keys and passwords in general ... with the  
central exception that when the very act of production would itself  
tend to inculpate the person producing the key or password, the  
person probably has a Fifth Amendment privilege he could invoke to  
refuse to give over the key.  It turns out to be tricky to invoke  
that privilege, though, for obvious reasons.



--Mike Godwin





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