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Hupriene | 6 years ago
1. Sometimes knowledge of the password itself could be considered testimonial. If there is doubt as to whether or not the an individual owns a particular computer, then being forced to provide the password is tantamount to being forced to concede ownership, which would violate protections against self incrimination.
2. People do legitimately forget passwords, and the courts have no way of distinguishing between people who have genuinely forgotten and those who falsely claim to have forgotten. Being subjected to indefinite detention for forgetting a password would violate due process, while keeping someone in jail until they comply with a legal warrant is legitimate. Since the court cannot distinguish between these two cases, any penalty the court may impose for contempt runs a variable (depending on the facts of the case) but non-zero risk of being a miscarriage of justice.
sevenf0ur|6 years ago
treis|6 years ago
LifeLiverTransp|6 years ago
rolph|6 years ago
b_tterc_p|6 years ago