Does the fifth amendment cover your password protected data?
Does the fifth amendment cover your password protected data?
When it comes to pleading the fifth, the digital age is making things complicated. A federal judge in Wisconsin has just granted more time for defense attorneys arguing a suspected owner of child pornography shouldn’t have to decrypt his hard drives.
The Fifth Amendment has been defined as a protection against incriminating yourself. The government can demand a blood sample, or a lock box key, but it can’t force you to voice thoughts in your head that might sway a jury. So what about a password to a hard drive — is that a thought, or thing?
Jeffrey Rosen, legal scholar and president of the Constitution Society, joins Marketplace Tech host Ben Johnson to discuss.
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