Reply to post: Re: YAAC Re: Zounds! I envisage a threat to public order!!

Feds dig up law from 1789 to demand Apple, Google decrypt smartphones, slabs

Matt Bryant Silver badge
Facepalm

Re: YAAC Re: Zounds! I envisage a threat to public order!!

"Although the "put a bag over your head and a secret flight to a secret prison in Syria then attach electrodes to you" policy was a sort of way of getting around it." <Yawn> ooh, look, another ill-informed snark about extra-ordinary rendition. Shame those that cling to the Fifth as a 'get-out-of-jail-free-card' never seem to actually read nor understand the actual text of the Amendment itself, especially this bit:

"....except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger....."

So, only applies on US soil in cases under US criminal law, and even then the Fifth can be over-ruled in cases of 'public danger'. Terrorists abroad need not apply. But, even given the vast wriggle room of 'public danger', it is not going to be over-ruled in skiddie and hacktivist cases In US courts unless the idiots concerned did something to put the public 'in danger' (such as refusing to stop an on-going DDoS of the 911 service at the time of trial).

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