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A combination or a key? The Fifth Amendment and privilege against compelled decryption

Citation: Fakhoury, Hanni (2012) A combination or a key? The Fifth Amendment and privilege against compelled decryption. Digital Evidence and Electronic Signature Law Review, 9 .

Hanni Fakhoury considers three cases in the United States where the government has required an accused person to provide the passwords or to provide the plan text of encrypted data, and sets out the grounds for the accused to succeed in protecting themselves with the provisions of the Fifth Amendment to the U.S. Constitution, which provides no person can be compelled to testify against themselves Index words: encrypted data; Fifth Amendment; privilege; compelled decryption

Creators: Fakhoury, Hanni and
Dates:
  • 2012 ()

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