Is this a violation of your Fifth Amendment rights against self-incrimination?
http://www.dailydot.com/politics/electronic-frontier-foundation-decrypt-file-fifth-amendment/
Does being forced to decrypt a file violate your Fifth Amendment rights against self-incrimination?
"When it comes to compelled decryption, the Fifth Amendment clearly applies because the government would be learning new facts beyond simply the encryption key. By forcing Gelfgatt to translate the encrypted data it cannot read into a readable format, it would be learning what the unencrypted data was (and whether any data existed). Plus, the government would learn perhaps the most crucial of facts: that Gelfgatt had access to and dominion and control of files on the devices."
The government, on the other hand, argues that providing file decryption is like providing a key to a safe and thus not constitutionally protected.
So who's right?
The defendant.
Side Score: 0
|
The government.
Side Score: 1
|
|
|
|
No arguments found. Add one!
|