I’m surprised there haven’t been more of these cases, but then I’m surprised more people don’t take measures to protect their data both in terms of backup and security.
Clearly falls under the Fifth Amendment (assuming we still have one). Legal types will get hung up on what and what doesn’t constitute ‘testimony’ but the Fifth, of course, deals with bearing witness against oneself in or out of court.
I suppose the best defense for anyone in this spot is to simply say ‘I forget the password. I guess we’re both screwed.’
‘I forget the password. I guess we’re both screwed.’
Waterboarding will help you to memorize :-)