3 ms·
No, it's not more like making you open a safe. Telling someone the encryption key is being compelled to act as a witness against yourself, which the 5th amendm
by CiPHPerCoder 7y ago
No, it's not more like making you open a safe.
Telling someone the encryption key is being compelled to act as a witness against yourself, which the 5th amendment provides protection against (if used).
- JoeSmithson 7y agoNo it's not. The information you provide (the password) is not admitted as evidence in the trial. It's more like being compelled to act as a confidential informant against yourself. There's no prospect of this being used to bring about a wrongful conviction through coercing a confession.
- adgasf 7y agoIf the key is not evidence then how can they prove that they got the incriminating files from the encrypted drive?
- JoeSmithson 7y agoA forensic scientist would testify that they extracted the files from there. It is exactly the same as when a confidential source gives up an address (for example) the source never gets into evidence.
- CiPHPerCoder 7y agoThe whole point of strong encryption is to prevent adversaries (including forensic scientists) from extracting any information without possession of the key. If the key involves a password that you, a human, have memorized in your squishy pink organ, it's privileged under the Fifth Amendment. (This hasn't been tested in court yet, of course. There's no precedent to fall back on.)