| 词条 | United States v. Kirschner |
| 释义 |
| name = United States v. Kirschner | court = United States District Court for the Eastern District of Michigan | image = | imagesize = | caption = | full name = United States of America v. Thomos J. Kirschner | date decided = | citations = 823 F. Supp. 2d [https://www.leagle.com/decision/infdco20120210c89 665] (E.D. Mich. 2010) | transcripts = | judge = Paul D. Borman | prior actions = | subsequent actions = | holding = Requiring a defendant to divulge the password to an encrypted file in response to a grand jury subpoena would be violate his Fifth Amendment right not to incriminate himself. | keywords = encryption, self-incrimination }} United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010),[1] was a federal criminal case in Michigan. The defendant had previously been indicted by a grand jury under three counts of receipt of child pornography under 18 U.S.C. § 2252A(a)(2)(A).[2] The government sought to use a grand jury subpoena post-indictment to acquire additional evidence: the contents of an encrypted file from the defendant's hard drive. Decision of the United States District CourtOn March 30, 2010, Judge Paul D. Borman held that compelling Kirschner to divulge the password to the encrypted file would require "producing specific testimony asserting a fact" in violation of his Fifth Amendment right against self-incrimination. See also{{Portal|Law}}
References1. ^{{cite court |litigants=United States v. Kirschner |vol=823 |reporter=F. Supp. 2d |opinion=665 |pinpoint= |court=E.D. Mich. |date=2010 |url=https://www.leagle.com/decision/infdco20120210c89 |accessdate=2018-04-03 |quote=}} 2. ^{{USCSub|18|2252A|a|2|A}}. 3. ^ 4. ^U.S. v. Fricosu External links
|case=United States v. Kirschner, 823 F. Supp. 2d 665 (E.D. Mich. 2010) | googlescholar = https://scholar.google.com/scholar_case?case=14853435224074934066 | leagle =https://www.leagle.com/decision/infdco20120210c89 |other_source1=FindACase |other_url1=http://mi.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20100330_0000995.EMI.htm/qx }} 1 : Legal history of Michigan |
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