Community | January 17, 2012 | 5 comments

The state may soon be able to force you to reveal your password. That's a huge threat to the Fifth Amendment

source: http://www.salon.com/2012/01/17/should_the_government_search_your_brain/singleton/

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attilatheblond
Sirota at Salon:

"In this brave new world of invasive technology, one of the easiest way to understand the relevance of the Fifth Amendment of the U.S. Constitution is to understand it through the prism of the Fourth Amendment’s prohibition of “unreasonable searches and seizures.” Essentially, the Fifth Amendment’s notion that you cannot be “compelled in any criminal case to be a witness against oneself” is a declaration that self-incriminating information in your mind is privileged, and that government efforts to get that information is, in fact, an “unreasonable search and seizure.” Put another way, these constitutional protections say the government cannot get a search warrant for your brain, nor can it hold you in contempt of court for refusing to disclose any self-incriminating information in your cortex.

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What say you, citizens of Current forums?

There's a case http://www.zdnet.com/blog/identity/passwords-tangled-in-fifth-amendment/131 where the state wants to force someone to basically testify against themselves by turning over their passwords. Is that data "papers" or is it self? Papers most likely, but the passwords are not papers, they are in the accused's head. Can you force what is in the head? Is that forcing testifying against self?

This slippery slope goes further. There is technology to pretty much make people testify against themselves via monitoring brain activity. The technology is only going to get better at invading thoughts but laws protecting rights have not kept pace. Where's the line?
  1. groups:
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  2. tags:
    Privacy,  fourth amendment,  fifth Amendment
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5 comments // The state may soon be able to force you to reveal your password. That's a huge threat to the Fifth Amendment

  • deane
  • TanzaniteDiamonds
  • Frosty46
    • 0
      Frosty46  

    • My passwords are in the same boat as my guns------------un no one is getting either without dire consequences! I know my rights as a human and have no concern for anyone's need to know anything I do not wish them to.

      We citizens are under attack by the same folks that brought us 9-11 which was part of their plan!

    • 4 months ago
  • attilatheblond
    • 0
      attilatheblond  
    • Frosty46:

      I agree with you, frosty46. All part of the plan and the use of shock and awe re invading Iraq was pretty damned telling in my view. The corporations put some pols in charge and the pols have served some corporations. The corporations fear anyone who can take some care of their own needs or think. The pols will keep us busy with fear and hate issues while they turn it all over to the corporations.

      They got Americans, or enough of them, to think torture was good because they made enough people so fearful they would sell out all vestiges of rights for the illusion (or delusion) of some security.

    • 4 months ago
  • Leen61
    • 0
      Leen61  

    • This is more big brother. It's going to get to the point that no one can have any secrets. " Can you force what is in the head? Is that forcing testifying against self?" Yes and yes.

    • 4 months ago
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