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by sorbus 5460 days ago
You would have explained the origin of the encrypted data on the laptop, and they would either drag the person who was the origin into the case as a defendant or have him testify. It's really quite simple; they're not just asking "what is the password?" and ignoring any answer that isn't the password, as you seem to think.

If you were to refuse to give the password under the grounds that someone you refuse to identify sold you the computer with the encrypted data already on it, then you would rightly be considered to be lying because that's the most plausible case for that behavior.

2 comments

You would have explained the origin of the encrypted data on the laptop, and they would either drag the person who was the origin into the case as a defendant or have him testify. It's really quite simple

Assuming the original owner can be identified (I've bought a laptop off of craigslist with no way to find the previous owner even a day later), found (contact data is still valid, person is willing to cooperate with the investigation), is willing to corroborate your story (what if the laptop was, unbeknownst to the buyer, stolen property or the seller pleads the 5th and/or lies about the encrypted files), and that the prosecution is willing to believe the both of you.

It is simple, but relies on a WHOLE lot of faith in the system.

you would rightly be considered to be lying because that's the most plausible case for that behavior.

If you're going to be held in contempt (as the GP seems to be discussing) just for something that is the most plausible of options kind of destroys the judiciary's position of dealing with the complex unforeseen circumstances that arise in law. The most plausible situation is that OJ killed his wife, but we don't carry out justice with such imprecision.

>they're not just asking "what is the password?" and ignoring any answer that isn't the password, as you seem to think.

>If you were to refuse to give the password [...], then you would rightly be considered to be lying...

exactly. This is why you have the right to remain silent. You're not "refusing to give the password under the grounds", you're not giving "answers that isn't the password". You're just silent. A vegetable. Otherwise any answer, like you explained it yourself, can be used against you.