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So they can only force you to violate your 5th amendment rights if they "really really know" that you're guilty anyways?

• danielweber 13y ago
  You are begging the question of whether decrypting a hard drive is a violation of your Fifth Amendment rights.
  • rosser 13y ago
    Your 5th Amendment rights are completely and utterly irrelevant to their decrypting your drive.
    • yebyen 13y ago
      Unless you are the one who is being compelled to decrypt the drive. Producing the key is an act of testimony. You could not state for the record, the passphrase for the key, if you did not know it. Breaking his crypto in some way, to access his files without cooperation, on the other hand... that is no fifth-amendment violation, to be sure. It also doesn't prove that he's been in control or owns the data.
• Torgo 13y ago
  My reference is the case in which an agent saw that there was child pornography on a laptop before the lid was closed and the computer went into suspend; the agent then KNEW the machine contained the offending material, and so they could induce the person to decrypt the machine because the existence of the material was an already established fact and therefore not a violation of self-incrimination.