A combination or a key? The Fifth Amendment and privilege against compelled decryption

Hanni Fakhoury


Abstract


Hanni Fakhoury considers three cases in the United States where the government has required an accused person to provide the passwords or to provide the plan text of encrypted data, and sets out the grounds for the accused to succeed in protecting themselves with the provisions of the Fifth Amendment to the U.S. Constitution, which provides no person can be compelled to testify against themselves

Index words: encrypted data; Fifth Amendment; privilege; compelled decryption

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ISSN 2054-8508 (Online) (c) 2017 Digital Evidence and Electronic Signature Law Review
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