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It's complicated. There's no specific law in the US regarding key disclosure, but you can be punished for e.g. contempt of court, maybe spoliation. In theory, t
by mannerheim 6y ago
It's complicated. There's no specific law in the US regarding key disclosure, but you can be punished for e.g. contempt of court, maybe spoliation. In theory, the Fifth Amendment should protect individuals from self-incrimination, but courts have ruled that forcing people to disclose keys is not that.
See In re Boucher for a case where Fifth Amendment protections were not upheld and US v. Doe for a case where they were.
- colinmhayes 6y agoThe Boucher case is special because the ruling held that Boucher had waived fifth amendment rights for the computer by showing some of it to law enforcement. If you exercise your fifth from the start I do not believe you can be compelled to provide the state with passwords, although they can use your biometric data.
- arminiusreturns 6y agoDo you happen to know the case regarding the biometric data?
- lights0123 6y agoThe highest-ruling decision so far doesn't allow biometric use: https://www.usnews.com/news/national-news/articles/2019-01-14/police-cant-force-you-to-unlock-your-phone-with-biometrics-california-judge-says https://www.usnews.com/news/national-news/articles/2019-01-1...