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There is already laws on the books to handle that. If the government can get a warrant describing the item(s) to be retrieved from the encrypted volume then you
by spiralpolitik 12y ago
There is already laws on the books to handle that. If the government can get a warrant describing the item(s) to be retrieved from the encrypted volume then you can be held in contempt of court if you don't hand them over. There was a recent ruling that (that is being appealed) that ruled in this direction.
But as per the 4th, if the government can't say what they want from the encrypted volume then they are on a fishing trip and you can tell them to get lost. There was a recent ruling that confirmed this (again being appealed).
What is up in the air is whether or not you can be compelled to provide your password to decrypt the volume. Expect the Supremes to have weigh in on this one in the coming years.
Basically all this is an end run around what's left of the 4th and 5th amendments. Probable cause means that law enforcement actually has do its job and build reasonable case rather than just deciding you are a bad person, looking to see which laws you've broken based on your data shadow, and then throwing the book at you in hope you'll settle for a plea.