No, good point. What I meant was that courts have a long history of demanding physical evidence, and of harshly treating the offender if said evidence was not turned over.
A password, however, is not physical evidence. It's something that the defendant knows, and that's not something that the court can compel unless certain precautions are taken (such as an immunity from prosecution if the evidence incriminates the defendant). I also attempted (poorly) to contrast the ease of overcoming a lack of keys with the lack of having a password. If there's a warrant for your residence, and you refuse to provide the keys, the court doesn't throw you in jail until the keys are turned up. Instead, they turn to the Universal Entry Device and knock your door down. They can't do that for a password. On 2/20/08, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote: > > "Mike Hale" writes: > -+----------------- > | Because your house keys are physical. And if you refuse to turn > | over your house keys, a locksmith can do the job almost as quickly. > | > > > So it doesn't matter whether you comply with > a demand for your house key because your refusal > to comply with that demand can be overcome by force, > but a demand for your data key does matter because > your refusal to comply cannot be overcome by force? > > > --dan, for the moot court > > _______________________________________________ > FDE mailing list > FDE@www.xml-dev.com > http://www.xml-dev.com/mailman/listinfo/fde > -- 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 _______________________________________________ FDE mailing list FDE@www.xml-dev.com http://www.xml-dev.com/mailman/listinfo/fde
