So, are we now in the position that we equate a password with a REALLY strong door.
What would happen if forceful entry of a building failed for some reason - is there a legal recourse to demand you open the door? I think the 4th just gives the government right to forced entry, but doesn't oblige you to open the door for them? S. On Feb 20, 6:03 pm, "Mike Hale" <[EMAIL PROTECTED]> wrote: > 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 > > [EMAIL PROTECTED] > >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 > [EMAIL PROTECTED]://www.xml-dev.com/mailman/listinfo/fde- Hide quoted text - > > - Show quoted text - _______________________________________________ FDE mailing list FDE@www.xml-dev.com http://www.xml-dev.com/mailman/listinfo/fde
