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Alan R Nye, Esq.

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Forced Incrimation By Password

The Washington Post has an interesting article today about a Vermont man having suspected child pornography on his computer.  The government wants the court to order the man to type his password into the computer to unlock files they suspect contain porn.   

The man claims that doing so would constitute self-incrimination. The judge has ruled that he doesn’t have to give his password.

"If [he] does know the password, he would be faced with the forbidden trilemma: incriminate himself, lie under oath, or find himself in contempt of court," the judge said.  The government has appealed.

Does the Fifth Amendment prevent this type of intrusion?  What do you think?

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