"In contrast, courts have not forced individuals to reveal the passcodes used to secure their mobile devices.[2] What gives? Albert Gidari, the director of privacy at Stanford Law School’s Center for Internet and Society, explains that the Fifth Amendment protects thoughts, not things: “Unlike disclosing passcodes, you are not compelled to speak or say what’s ‘in your mind’ to law enforcement,” Gidari said. “‘Put your finger here’ is not testimonial or self-incriminating.” For example, you can be compelled to provide the key to your heart, but no one can make you reveal what is in your heart."
- Date Published:05/23/2016
- Original Publication:Lexology