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Posts Tagged fifth amendment
Cody Wilson Versus The United States
From Fox News:
The (15) members of Congress, led by Rep. Thomas Massie, R-Kent., signed onto an amicus brief in the Fifth Circuit Court of Appeals, where Texas inventor Cody Wilson is fighting a lower court ruling in favor of the government agency. The State Department in 2013, citing a law allowing it to regulate international arms trafficking, blocked Wilson and his nonprofit group Defense Distributed from posting technical data for 3-D printing of legal handguns.
Wilson has received more “friend of the court” backup from policy think tank Cato Institute and various free speech organizations.
Ares Armor vs ATF
Posted by Brian in Law, News, Threat Watch on 25/Nov/2015 07:00
From Ammoland.com:
The United States District Court for the Southern District of California ruled against Ares Armor in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a decision filed Thursday. United States District Judge Janis L. Sammartino, a George W. Bush appointee, ordered dismissal of plaintiff claims.
Ares claimed First, Second and Fifth Amendment violations by ATF, as well as a violation of the Firearm Owners Protection Act. ATF argued for dismissal, citing “lack of subject matter jurisdiction …  [and] failure to state a claim,†as well as for summary judgment on the claim by Ares that classifying the part as a firearm was “arbitrary.â€
Forced Hard Drive Decryption Is Unconstitutional, Appeals Court Rules
From: Threat Level
Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.
It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.
Thursday’s decision by the 11th U.S. Circuit Court of Appeals said that an encrypted hard drive is akin to a combination to a safe, and is off limits, because compelling the unlocking of either of them is the equivalent of forcing testimony.
Woman Ordered To Give Up Password
From Wired.com:
The authorities seized the Toshiba laptop from defendant Ramona Fricosu in 2010 with a court warrant while investigating alleged mortgage fraud. Ruling that the woman’s Fifth Amendment rights against compelled self-incrimination would not be breached, U.S. District Judge Robert Blackburn ordered the woman in January to decrypt the laptop.