[117240] in Cypherpunks
Re: ACTION ALERT: Crypto Legislation
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Sun Aug 29 15:44:47 1999
Date: Sun, 29 Aug 1999 14:21:08 -0400
Message-Id: <Pine.LNX.4.10.9908291418390.22712-100000@spitfire.law.miami.edu>
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: Multiple recipients of list <cypherpunks@openpgp.net>
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Reply-To: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
On Sun, 29 Aug 1999, Declan McCullagh wrote:
> There have been some law review articles talking about this. Short answer
> seems to be if you're requested to turn over/decrypt info in a case when
> you're not a defendant, you gotta on pain of contempt. Defendants have 5A
> claim.
This is maybe is a little too short an answer. The 5th Am. applies with
equal force whether or not you are a defendant, so long as (1) the info is
in your control (e.g. it's really yours and not, say, a corporate record),
and (2) it would potentially tend to incriminate you (which is why you
have do disclose it if they give you immunity, like it or not).
Embarrassing you, or incriminating your friends does not trigger the 5th.
--
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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