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Newsgroups: sci.cryptPath: cantaloupe.srv.cs.cmu.edu!magnesium.club.cc.cmu.edu!news.sei.cmu.edu!cis.ohio-state.edu!zaphod.mps.ohio-state.edu!mstar!n8emr!colnet!resFrom: res@colnet.cmhnet.org (Rob Stampfli)Subject: Re: Fifth Amendment and PasswordsMessage-ID: <1993Apr18.233112.24107@colnet.cmhnet.org>Organization: Little to NoneReferences: <1993Apr15.160415.8559@magnus.acs.ohio-state.edu> <C5Jzsz.Jzo@cs.uiuc.edu>Date: Sun, 18 Apr 1993 23:31:12 GMTLines: 20>>I am postive someone will correct me if I am wrong, but doesn't the Fifth>>also cover not being forced to do actions that are self-incriminating?>>[From Mike Godwin <mnemonic@eff.org>, posted with permission - Carl]>>Sadly, it does not. Suspects can be compelled to give handwriting and>voice exemplars, and to take blood and DNA tests.I am sure that Mike is correct on this point. I am also pretty sure thatadministering "truth serum" would be ruled a violation of your rightnot to incriminate yourself. But, what is the salient difference?Both drawing blood and injecting "truth serum" incapacitate you fora while, but do no permanent damage. Is it simply that we have come toview one as acceptable, while the other is viewed as a fundamentalviolation of one's rights? If this is the case, how do we expand theprotections of the 5th amendment to incorporate new technologies withoutthe results being a hodgepodge of different judges personal opinions?-- Rob Stampfli rob@colnet.cmhnet.org The neat thing about standards:614-864-9377 HAM RADIO: kd8wk@n8jyv.oh There are so many to choose from.
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