3 ms·
IANAL but as far as I know the issue of divulging a passphrase has not been completely settled by the US courts. It seems that the courts are converging on som
by betterunix 13y ago
IANAL but as far as I know the issue of divulging a passphrase has not been completely settled by the US courts. It seems that the courts are converging on something like this:
1. If the prosecutor can prove that incriminating evidence is encrypted, you can be compelled.
2. If you ever divulged your passphrase to the government or provided the plaintext, you can be compelled.
3. If you have not divulged the passphrase and the government has no proof that incriminating evidence is encrypted, you cannot be compelled.
If I remember correctly, the prosecutor cannot both compel you to give up a passphrase and use your knowledge of the passphrase as evidence against you (e.g. to prove that you controlled the computer in question).