Listen To The Story

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.

“I think the best compliment I can give is not to say how much your programs have taught me (a ton), but how much Marketplace has motivated me to go out and teach myself.” – Michael in Arlington, VA

As a nonprofit news organization, what matters to us is the same thing that matters to you: being a source for trustworthy, independent news that makes people smarter about business and the economy. So if Marketplace has helped you understand the economy better, make more informed financial decisions or just encouraged you to think differently, we’re asking you to give a little something back.

Become a Marketplace Investor today – in whatever amount is right for you – and keep public service journalism strong. We’re grateful for your support.

Follow Ben Johnson at @@TheBrockJohnson