That has been the question since national security level encryption has been available to the masses. Up to the early 90’s it was considered a “munition” and restricted as to export. That was defeated when books with code exaples like “Applied Cryptography” by Schneier and Zimmerman’s PGP program was printed out and mailed to Europe. They could not be stopped under 1st Amendment protections. Plus once the Duffie-Hellman protocol became practical, commercial interests wanted strong cryptography available in browsers for eCommerce. The fight between Netscape and the defeat of the clipper chip under Clinton Admin was based on that.
Logically, data protected by strong encryption and available only through the application of its password/passphrase should be in the same vein as demanding the combination of a safe by the police. Essentially a warrant for what is inside your head. In the past that was protected. The cops could haul away your safe and force it open but they couldn’t force you to incriminate yourself by demanding you open it.
Some federal courts have upheld that notion. The most famous was Kevin Mitnick in the 1990’s who was arrested,tried and convicted for hacking the US Govt sentenced to prison for years. The FBI labs had his laptop but could never open his files without his input, which he refused.
State courts have demanded decryption, some Fed courts also while United States Court of Appeals for the Tenth Circuit has said the 5th Amend applies. The Supreme Court agreed in a general sense, but not on this issue. National Security Letters which can be applied to Enterprises, may be exempt.
However some courts do not agree and there is now a US citizen held without charge. charge or conviction (except contempt), for 16 months, because he won’t open his files based on 5th Amendment assertion.
So the question becomes, can a US Citizen be compelled to “self incriminate” if the data is stored digitally but protected; but not if its testimony or documents as in US v Hubble? It will end up in the Supreme Court, and how it rules will be interesting. Will the judges be “conservative” or “liberal” in their reading?
Ridge
https:/arstechnica.com/tech-policy/2017/02/justice-naps-man-jailed-16-months-for-refusing-to-reveal
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