3 ms·

If the safe then contained papers written in code, or an unknown language, would the court be able to compel the owner to translate those documents? To me, the

by derekp7 15y ago

If the safe then contained papers written in code, or an unknown language, would the court be able to compel the owner to translate those documents? To me, the hard drive platter is the paper, whereas the encrypted data is the contents of the papers.

andylei 15y ago
> If the safe then contained papers written in code, or an unknown language, would the court be able to compel the owner to translate those documents? under some circumstances, they could. the "foregone conclusions" doctrine says that if they know 1) what the contents say, 2) that those contents are incriminating, 3) that you can translate it, and 4) can prove 1-3, then yes, then can compel you to do translate / decrypt.
- jules 15y ago
  If they already know what the contents say then what's the use?
  - andylei 15y ago
    this is exactly why they can compel you to testify against yourself. the additional testimony (decrypting your drive) is a "foregone conclusion". this is one of the few exceptions to the fifth amendment.