Engel on Applying the Fifth Amendment to Passwords

J. Adam Engel has posted Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing (Whittier Law Review, Vol. 33, No. 3, 2012) on SSRN. Here is the abstract:

The Fifth Amendment privilege against self-incrimination protects a person from being compelled to provide a testimonial communication that is incriminating in nature. In a number of cases starting to wind through state and federal courts, the government has sought to compel suspects and defendants to provide passwords and encryption keys despite claims of Fifth Amendment Privilege by witnesses and suspects. For example, in a Colorado case, the government sought to compel the defendant to enter a password into a laptop or otherwise provide access to encrypted data stored on her computer. The government apparently believed that the encrypted computer files contained evidence of fraudulent real estate transactions.

Continue reading “Engel on Applying the Fifth Amendment to Passwords”