The Fifth Amendment 2.0
The Fifth Amendment to the United States Constitution gives individuals the right to refuse to answer a question when the answer might incriminate them. However, a current trial in Colorado is effectively challenging this basic right or at least demonstrating how 300 year old amendments might themselves need to be amended on occasion, particularly in this new fast-paced world of digital information that we live in. As a Fort Worth personal injury lawyer, I find this situation extremely interesting considering that insurance companies already use social media sites like Facebook and Twitter in order to try and discredit innocent car crash victims so they can avoid paying them the compensation they rightfully deserve.
The court case of the United States v. Ramona Fricosu hinges on a request by the prosecuting attorney for the password which would allow them to gain access to encrypted information on the defendant’s laptop. The defense attorney, however, argues that providing the password would actually be unconstitutional as it forces the defendant to be a witness against themself. The situation has been compared to past situations where a defendant has been ordered to provide prosecutors the key to a locked door or container, but the Supreme Court says those circumstances differ since possession of a key is simply that; possession. Admitting a password is the same as knowing the combination to a safe; it implies ownership and control and thus is tantamount to self-incrimination. On the other hand, if a precedent is set that encrypted data is safe from being used as evidence in a court of law, it gives criminals an uncomfortable amount of freedom when it comes to computer documents.
I can see the positive and negative this dilemma presents. The outcome will doubtlessly have a major impact on all kinds of future lawsuits, both criminal and civil.
Mark Anderson is a board certified personal injury attorney who has helped auto accident victims across the Dallas-Fort Worth Metroplex get the compensation they deserve for 20 years. For a free consultation on your personal situation, call toll free at 800-354-MARK (6275).
