Another Federal Court Says Compelled Decryption Doesn't Raise Fifth Amendment Issues

Another Federal Court Says Compelled Decryption Doesn't Raise Fifth Amendment Issues

6 years ago
Anonymous $CLwNLde341

https://www.techdirt.com/articles/20180428/09113539735/another-federal-court-says-compelled-decryption-doesnt-raise-fifth-amendment-issues.shtml

Another federal court is wrestling with compelled decryption and it appears the Fifth Amendment will be no better off by the time it's all over. A federal judge in North Carolina has decided compelling decryption of devices is only a small Fifth Amendment problem -- one that can be overlooked if the government already possesses certain knowledge. [h/t Orin Kerr]

The defendant facing child porn charges requested relief from a magistrate's order to compel decryption. The government isn't asking Ryan Spencer to turn over his passwords. But it wants exactly the same result: decrypted devices. The government's All Writs Order demands Spencer unlock the devices so law enforcement can search their contents. As the court notes in the denial of Spencer's request, the Fifth Amendment doesn't come into play unless the act of production -- in this case, turning over unlocked devices -- is both "testimonial" and "incriminating."