Saturday, February 25, 2012

5th Amendment Privilege Applies to Encrypted Hard Drives

As Anonymous just pointed out, the U.S. Court of Appeals for the 11th Circuit has held that you can take the 5th Amendment privilege and refuse to produce the unencrypted contents of a hard drive or hard drives.

As Anonymous also pointed out, you can find the 11th Circuit's opinion here:

As I've explained in earlier posts, I think the privilege should -- and does -- apply to compelling someone to unencrypt their hard drive or any other storage media (or, for that matter, hard copy).
If you're interested, you might check out the 11th Circuit's opinion.

1 comment:

Denver DUI Attorney said...

This was a great ruling. The right to remain silent was finally strengthened.