Why a Combination Lock is Better Than a Key

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This is fascinating. Jeralyn Merritt writes today about a case in which the government got a search warrant to seize a computer that turned out to have its data encrypted. So now the government wants to force the owner to give them the password. Can they do this?

The answer may turn on whether the Judge decides the password should be viewed as a key to a lockbox, in which case there is no 5th Amendment protection, or as a combination to a safe.

While the key is a physical thing and not protected by the Fifth Amendment, the Supreme Court has said, a combination — as the “expression of the contents of an individual’s mind” — is.

Now there’s the law in its infinite majesty. If you buy a safe with a combination lock, you’re golden. If you buy a safe that opens with a key, it’s 20-to-life in San Quentin. I’ll bet this is the kind of thing that mob lawyers advise their clients about all the time. It also sounds like a great premise for an episode of Law & Order.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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