Out of a sense of obligation, I'm posting this update on 5th Amendment protection of encryption passwords. Ho hum. In United States v John Doe, the 11th Circuit ruled that yes, the 5th Amendment does protect one's encryption password as it is testimonial in nature. Right.
As I've stated before. Big deal. Who cares? If the 11th Circuit had held the opposite, and had ordered the defendant to produce the key, what would have been the practical result? Tick tock. The defendant would have 'forgotten' the password. Hello?
I'm as game as the next lawyer for 'angels dancing on the head of a pin' sorts of arguments, but in this economy, it seems. . . well. . . not only excessive but insulting to us as taxpayers to address such obviously idiotic issues. Really. I'm not going to waste my valuable time researching how much the exercise over at the 11th Circuit cost. I'm willing to bet it was more than $100 grand, though. I can buy a lot of paper clips with that. Just sayin.
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