On Mon, Dec 8, 2008 at 4:09 PM, James Finstrom
<
jfinstrom@rhinoequipment.com> wrote:
> Thanks Jim very insightful and Interesting I never thought in those terms. I
> would find it suspicious to have a bad link and a large group of SUV's at
> your house within minutes of each other at which point I imagine rights mean
> very little. I guess the debate then becomes do you want to become case law
> as I am sure it is not above any judge to hold you in contempt or in cases
> of what is percieved as national security for due process to be ignored all
> together. I think on my next nuke and pave I will look at the whole disk
> option as It is seemingly like condoms better to hane it and not need it
> then to need it and not have it...
Let me be clear here: SO FAR, in the US, the case law says that the
moment you say "fifth amendment", you cannot be forced to divulge a
password.
The only way they might even try and get around that is if they can
document you as a terrorist threat, just as you suspect above.
I don't think the foundation of the 5th amendment is going to vanish
any time soon.
Jim
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