[IP] more on Can you be compelled to give a password?
Begin forwarded message:
From: Mike Godwin <mnemonic@xxxxxxxx>
Date: July 28, 2006 10:21:06 PM EDT
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx
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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