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I think refusing to decrypt a hard drive in the US is dependent on whether it is self-incrimination (5th Amendment) while police activities are more tied to the
by einhverfr 14y ago
I think refusing to decrypt a hard drive in the US is dependent on whether it is self-incrimination (5th Amendment) while police activities are more tied to the 4th Amendment.
But the point is "I gave you my password. I haven't seen the computer in a month while your forensic team was looking it over. Maybe I got it wrong, or maybe your boys screwed it up." That is not refusing to decrypt it. In fact it is very apparently cooperative.
- mseebach 14y agoI agree, and I definitely meant the fifth. But the GP talked about being demonized in the public eye - which doesn't rely on the law being one way or the other.
- MrDutton 14y agoUS courts have already ruled that the 5th ammendment does not apply to crypto keys. The court said that it was like requiring someone to hand over the keys to a container, etc.
- einhverfr 14y agoUS courts have split on the issue.