Guest Commentary

Is Your Password Protected By The Constitution?

, The Connecticut Law Tribune

Whether the Fifth Amendment right against self-incrimination is implicated when a defendant is asked to reveal a password was, until now, a theoretical question. The topic was the subject of heated geek-debates which were akin to the early Christians slugfests about how many angels could dance on the head of a pin. Two recent federal cases have finally brought the matter into the legal limelight. The arguments are academic. The practicalities are marginally meaningful. Let me tell you why.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at