5th Amendment Rules Out Forced File Decryption: 11th Circ.

Law360, New York (February 23, 2012, 11:37 PM EST) -- The Eleventh Circuit ruled Thursday that forcing a man under criminal investigation for child pornography to decrypt his hard drives would be a violation of his Fifth Amendment right because the act of decryption is equivalent to self-incriminatory testimony.

In a ruling that could hamstring federal investigators, the appeals court said the decryption act would require the man — John Doe in court papers because he has not been accused — to use the contents of his mind, which triggers the Fifth Amendment privilege.

In addition,...
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