In this case, the 3rd circuit applied the same standard as the 11th (the government can compel decryption if they know what is on the drive), so it doesn't yet

In this case, the 3rd circuit applied the same standard as the 11th (the government can compel decryption if they know what is on the drive), so it doesn't yet create a circuit split. However, they don't decide that that is the right standard. In a footnote they suggest that the correct standard would be more lax (the government can compel decryption if they know the person knows the password). So if a case comes up where they rule that way, it would create a circuit split and lead the supreme court to take the case. Orin Kerr writes a column about it here: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/03/20/third-circuit-doesnt-resolve-standard-for-forced-decryption-under-the-fifth-amendment/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...