Comment 5th Amendment fallacy (Score 1) 802
So, the FBI has decrypted one drive. On that drive they found child porn. The judge says you must decrypt your other drives. A lot of people here say that violates his 5th amendment rights.
Nowhere in the article does it say they want him to decrypt the drives so they can use the data against him. They already have child porn of his. they can, and will, get a conviction. They don't need the other drives to use against him.
They want the other drives to gather data on other people he maybe traded with, or to identify victims.
Un-encrypting the drives only violates this mans rights if they use the evidence agains him. Again, nowhere does it say they want to do that.
What the article does say is, they have evidence that he possessed child porn.
Also, for those concerned about charges, if he isn't being held in custody, prosecutors have as long as they want to file charges. The thing with charges though, is that the constitution grants you the right to a speedy trial. Once you file charges, you have to go to trial within a certain amount of time. If you hold off filing while the investigation is ongoing, you have time to collect evidence.
Lack of charges doesn't mean lack of evidence. It means they haven't filed charges yet.