Well Known Biases

Politics, Economics, and the Law

More On Decryption

I’ve previously discussed encryption, and the state subsequently forcing decryption.

Well, appeals courts have made rulings. The 10th has rejected an appeal on the grounds that no verdict has been rendered in the original case, and the 11th is saying that decryption is tantamount to testimony, and therefore subject to fifth amendment protections. I like this reasoning, myself. The issue going to the Supreme Court is most likely inevitable, but in the meantime it can’t hurt to accumulate some rulings that forbid forced decryption of data. A distinction being made by courts seems to be between data investigators know is on a hard drive, and investigators wishing to decrypt data so that they can poke around a hard drive and see what they can find.

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