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> In civilized countries, no one can force you to hand over a password (as you have a right to not incriminate yourself).

Which countries?

In the US, the intersection between 5th amendment rights and password disclosure is not complete. You can be forced to disclose a password in certain circumstances here.



This was not my understanding so I looked it up and found this: https://www.reuters.com/business/legal/us-supreme-court-nixe...

Wherein it mentions passwords are considered testimonial and therefore protected by the 5th, but device passcodes were ruled to be exempted under the “forgone conclusion” exception to the 5th (TIL about that).

Is this kind of thing you are referring to?


Exactly.


As I said, civilized countries. Unfortunately, lots of countries do not adhere to their own constitution anymore, which I believe is mostly caused by a lack of technology understanding. I would guess that the judges that force Alice to hand over the passphrase for her phone encryption wouldn't force the CEO of a company to hand over the key to the safe that contains incriminating info.


In Canada it has been upheld that you cannot be compelled to divulge your passwords as it violates the Charter of Rights and Freedoms.


And if you don't comply?

With biometric data like FaceId or fingerprint it's easier for them to get access.


I think in Florida v. Voigt someone was sentenced to 6 months for not handing their iPhone password in an extortion case. If I recall, the phone was ultimately hacked to get the evidence.


Pretty much only the US explicits this right. I know France tacks on more charges to protesters who refuse to unlock their phones when arrested.


Has that been tested with the ECJ yet?




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