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Uber Must Provide Waymo With Data Regarding Its Otto Acquisition, Rules Court (thetechportal.com)

An appeals court today has ruled that Anthony Levandowski, the Uber executive accused of taking documents from Google's Waymo, can't use the Fifth Amendment to prevent Uber from turning over documents in the case. "The court has now directed Uber to provide data associated with its Otto acquisition to Waymo," reports The Tech Portal. From the report: Following the case, Levandowski invoked the fifth amendment, so as to prevent any other information which could implicate him from coming to the surface. Meanwhile, Waymo has been claiming that Levandowski and Uber signed an agreement with each other just a few days after the former quit his job at Google. The company has also asked Uber to provide it with a log containing details of the cab aggregator's legal involvement with Levandowski. Levandowski has been opposing the motion, stating that it would violate his fifth amendment. However, a new court ruling has quashed these hopes. With this ruling, Waymo can technically also request Uber for a copy of the due diligence report. The United States Court of Appeals for the Federal Circuit said: "Mr. Levandowski argues that he is entitled to relief under the Fifth Amendment because production of the unredacted privilege log could potentially incriminate him. We are not persuaded that the district court erred in its ruling requiring defendants to produce an unredacted privilege log."

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  1. 5th amendment applies to testimony only by mysidia · · Score: 2, Interesting

    The United States Court of Appeals for the Federal Circuit said: "Mr. Levandowski argues that he is entitled to relief under the Fifth Amendment because production of the unredacted privilege log could potentially incriminate him.

    The privilege log is a DOCUMENT.
    Since when did the 5TH Amendment apply to Documents or other Tangible written evidence, Ever?

    As far as I know, if you commit a crime and write something about it in your private diary, then Yes, the police ARE allowed to use it against you, and you can be prosecuted in court based on this evidence. Hell..... they can even use it against you if you make a note about it on your smartphone and secure it with a passcode. Courts have ordered people to hand over their passcodes.

    So why would the guys at Uber think this would go any differently than the well-established standard that once a piece of information is made into a tangible form, whether written to a piece of paper, Or saved to a hard drive, the 5th amendment does not protect the medium from seizure, analysis, and compulsory decryption if necessary to access the info, And the 5th amendment no longer protects the information once recorded?