A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is
here[PDF]. A decent write-up (from CNET of all places) is
here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the
Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's
combination safe, well maybe that's
different. Never let it be said that your Fifth Amendment rights are easy.
posted by The Bellman
on Dec 15, 2007 -
57 comments
Federal Appeals Court opinion
"We respectfully disagree and reach a different conclusion... Possession of a large sum of cash is 'strong evidence' of a connection to drug activity." Even if no evidence of a drug related crime is provided, you are guilty until proven innocent. BTW, they wont return the money.
posted by IronWolve
on Aug 20, 2006 -
103 comments
Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the
Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the
Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job.
History isn't a superhighway, leading us in straight lines toward utopia. We
fall back and we
move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at
this article from the
Atlantic Monthly in 1956--1956!--if you don't believe me.
posted by Sidhedevil
on Nov 4, 2004 -
190 comments