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Under US law you can be compelled by a court to unlock (provide passwords / decrypt) a device if the contents of the device are known (the helpful search term f
by TACIXAT 8y ago
Under US law you can be compelled by a court to unlock (provide passwords / decrypt) a device if the contents of the device are known (the helpful search term for this is forgone conclusion). Otherwise it should be covered under the 5th. As for "forgetting" a password in this case, you will be held in contempt of court if they don't believe you, which can mean indefinite detention.
- drewmol 8y agoIIRC there are some historic high court rulings setting a precedent that detaining a defendant for not furnishing some information (combination to a lock) violates their protection against compelled self incrimination / right to remain silent but if it was a physical object (key to a lock) that did not necessarily voilate same rights. This has now led to digital age cases where the prosecution suggests a password should be analogous to a key, not an idea. On a quick search, I couldn't find the relevant cases or discussion...