Does the fifth amendment cover your password protected data?
Share Now on:
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.
We’re here to help you navigate this changed world and economy.
Our mission at Marketplace is to raise the economic intelligence of the country. It’s a tough task, but it’s never been more important.
In the past year, we’ve seen record unemployment, stimulus bills, and reddit users influencing the stock market. Marketplace helps you understand it all, will fact-based, approachable, and unbiased reporting.
Generous support from listeners and readers is what powers our nonprofit news—and your donation today will help provide this essential service. For just $5/month, you can sustain independent journalism that keeps you and thousands of others informed.
Donate now to get almost any thank-you gift.