djsfantasi
- Joined Apr 11, 2010
- 9,237
My last comment on this topic, I promise!I think that's a very very dangerous idea for future privacy and freedom in the interconnected digital age of the future. Update is a Euphemism for eliminate. When everything is digital the only privacy for a individual will be the encryption of private thoughts or keeping those thoughts to just themselves. Thank goodness we still have Fifth Amendment rights here.
Just look at China for what a possible total surveillance digital society might look like with no password special protection.
https://www.theatlantic.com/international/archive/2018/02/china-surveillance/552203/
https://www.theage.com.au/national/...to-australian-government-20191122-p53d1l.html
I have two comments here. I recognize your purpose in citing the Fifth Amendment. But it is not a basis for refusing access. And the amendment does NOT apply in this case. Take a look at the Fourth Amendment, which specifically grants law enforcement access with a search warrant. You cannot legally deny access citing the Fifth Anendment, because the Fourth states that you MUST grant access.When everything is digital the only privacy for a individual will be the encryption of private thoughts or keeping those thoughts to just themselves. Thank goodness we still have Fifth Amendment rights here
Secondly, in previous posts in this discussion, the concept of “thoughts” or “private thoughts” are identified as protected. But, a word is not protected; an attribute is not protected. For by themselves, they do not constitute a “thought”. They are the mind’s equivalent to an object. As such, they are not “witness against yourself”. A password is not a “thought”.
Can you successfully argue that collection of a murder weapon is prohibited by the Fifth Amendment, because it’s collection may be self-incriminating? I believe not. As the collection of an attribute, a word, a token or a password is not self-incriminating.
The Fifth Amendment explicitly applies to testimony. Nothing else.