Can you be compelled to give a password? [was: Police Blotter: Laptop border searches OK'd]

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Patrick W. Gilmore" <patrick () ianai net>
Date: July 28, 2006 2:11:45 PM EDT
To: dave () farber net
Cc: "Patrick W. Gilmore" <patrick () ianai net>
Subject: Can you be compelled to give a password? [was: Police  
Blotter: Laptop border searches OK'd]

On Jul 28, 2006, at 1:32 PM, David Farber wrote:

> I don't believe it is a crime in any US Federal or State law, or in  
> Canadian law, to set passwords and use encryption.  In the US, I  
> believe that a warrant would be necessary for law enforcement to  
> ask for your password, but I don't know if you have to comply.  IANAL.

That is a good question - Can you be compelled to give up a  
password?  Would you mind posting it to IP, I am interested in the  
answer.

Seems there might be some 'self-incriminatory' arguments here.   
Perhaps even an "unreasonable search" argument.  But IANAL.

--
TTFN,
patrick


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