Eleventh Circuit Finds Fifth Amendment Right Against Self Incrimination Protects Against Being Forced to Decrypt Hard Drive Contents

[Jeffrey Walton <noloader () gmail com>]

[From Steve Bellovin on the Cryptography mailing list]

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

The important decision is In re Grand Jury Subpoena Duces Tecum Dated
March 25, 2011. From the opinion by Judge Tjoflat:

We hold that the act of Doe’s decryption and production of the
contents of the hard drives would sufficiently implicate the Fifth
Amendment privilege. We reach this holding by concluding that (1)
Doe’s decryption and production of the contents of the drives would be
testimonial, not merely a physical act; and (2) the explicit and
implicit factual communications associated with the decryption and
production are not foregone conclusions.

...
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