There are a few federal cases that say otherwise. In US v. Kirschner[1], it was ruled that forcing the defendant to reveal his password through a grand jury sub

There are a few federal cases that say otherwise. In US v. Kirschner[1], it was ruled that forcing the defendant to reveal his password through a grand jury subpoena was a violation of his 5th Amendment rights. The prosecution used a loophole for In re Boucher[2]: though the defendant still had a 5th Amendment right to not reveal his password, he was required to decrypt his hard drive in order to produce files under subpoena that he had already admitted were in his possession. Because he had already incriminated himself by revealing to a border patrol agent that his laptop contained child pornography, he no longer had a 5th Amendment right against self-incrimination for the charges of possessing child pornography. As I mentioned in a post above[3], in the case against Ramona Fricosu she didn't have a 5th Amendment right to not produce her password partly because she was granted immunity for any evidence that would have been collected from it (but her husband would not be). If you have evidence of a crime, you are required to provide to the courts when requested. You have the right to not provide evidence or testimony which incriminates yourself - if you cannot be incriminated for it, you no longer have the right to withhold it. [1] http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-amendment-privilege.html http://cyb3rcrim3.blogspot.com/2010/04/passwords-and-5th-ame... [2] http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer.html http://cyb3rcrim3.blogspot.com/2009/03/5th-amendment-bummer.... [3] https://news.ycombinator.com/item?id=9662945 https://news.ycombinator.com/item?id=9662945