You do not. We have this thing in our constitution called the 5th amendment. You cannot be forced to divulge the contents of your mind, including your pin or passwords. Case law supports this. For US citizens at least. Hopefully the constitution is still worth something.
https://www.bleepingcomputer.com/news/legal/man-who-refused-...
It took 4 years. What is your point?
That you don't want to be in jail for 4 years for not providing the key?
I personally don't want to say "oh but my liberty", in a jail cell. Whatever floats your boat though.
It is salient to point out the individual almost certainly had incriminating evidence on that system. There aren't really any cases of a person being /randomly/ detained and held in contempt. Especially not a fishing expedition by the DOJ against a journalist. And if you know the act of giving away the password has some upper limit on contempt jailing vs. assured evidence against you in some much higher consequence felony wouldn't you just stay quiet? No amendment or right is absolute, but this one is rather strong, especially if you haven't, you know, been doing any crimes.
That's in the fantasy world of constitution maximalists. In real world it doesn't work like that and you might still lose money/time/your sanity fighting a system who cares less and less about your rights
The case law on this specific topic is convincing. If you are ever in that situation it is usually going to be worth your time and money to assert the right and see it through. Case law supports this. The general maximum “penalty” is being held in contempt of court. And if the government is wrongly persecuting you, it is lose / lose if you divulge.
Do you think this is for fighting parking tickets? It is for journalists to not reveal their sources, whom might be at risk of severe consequences including death.
That's a whole lot more to loose than your money and time.
That's not what we're discussing here, you can't just say "I plead the fifth" and walk away if the people in charge decided you wouldn't walk away, no matter what's right or "legal"
Francis Rawls stayed 4 years in jail despite pleading the fifth all day long
That case also established 18 months as an upper limit. If you are in that situation it is usually better to simply jot divulge. Especially if there is incriminating evidence. Or you are a journalist being harassed by the DOJ. It can only bring you more pain. They will always find something.
Yeah well that's what I'm saying... "just plead the fifth" is nice on paper, in practice you're going to suffer for a long time.
> You cannot be forced to divulge the contents of your mind, including your pin or passwords.
Biometric data doesn’t need the password.
And good luck depending on the US constitution.
You're forgetting about the Constitution-Free Zone within 100 miles of all points of entry including international airports that covers essentially all of the 48.
This is a misunderstanding. That's the area in which the border patrol has jurisdiction to can conduct very limited searches of vehicles and operate checkpoints without individualized suspicion in order to enforce immigration law. It does not allow searches of electronic devices.
There is a separate border search exception at the point a person actually enters the country which does allow searches of electronic devices. US citizens entering the country may refuse to provide access without consequences beyond seizure of the device; non-citizens could face adverse immigration actions.
To be clear, I do think all detentions and searches without individualized suspicion should be considered violations of the 4th amendment, but the phrase "constitution-free zone" is so broad as to be misleading.
With ICE on the prowl, I’d have thought ‘Constitution Free Zone’ a fitting description of how they operate.
I am not. You can still assert your rights at border points. It is very inconvenient. I have done it. If you are returning from international travel there is little they can do. If you are trying to leave the country they can make that difficult to impossible. Otherwise your rights still apply.