Latest in 5th amendment

Image credit:

Court upholds Fifth Amendment, prevents forced decryption of data

James Trew, @itstrew
February 26, 2012
Share
Tweet
Share

Sponsored Links

When our forefathers were amending the constitution for the fifth time, they probably didn't have TrueCrypt-locked hard drives in mind. However, a ruling from the 11th Circuit Appeals Court has upheld the right of an anonymous testifier to not forcibly decrypt their data. The case relates to a Jon Doe giving evidence in exchange for immunity. The protection afforded to them under this case wouldn't extend to any other incriminating data that might be found, and as such Doe felt this could lead to violation of the fifth amendment. The validity of the prosecution's demands for the data decryption lies in what they already know, and how they knew it -- to prevent acting on hopeful hunches. The prosecutors were unable to demonstrate any knowledge of the data in question, leading the 11th Circuit to deem the request unlawful, adding that the immunity should have extended beyond just the current case. This isn't the first time we've seen this part of the constitution under the digital spotlight, and we're betting it won't be the last, either.

All products recommended by Engadget are selected by our editorial team, independent of our parent company. Some of our stories include affiliate links. If you buy something through one of these links, we may earn an affiliate commission.
Share
Tweet
Share

Popular on Engadget

'Sekiro' GOTY Edition trailer offers a peek at fresh challenges

'Sekiro' GOTY Edition trailer offers a peek at fresh challenges

View
A massive spam attack is ruining public 'Among Us' games

A massive spam attack is ruining public 'Among Us' games

View
Redbox's Free Live TV comes to Xbox One consoles

Redbox's Free Live TV comes to Xbox One consoles

View
iPhone 12 teardown reveals how 5G has changed things

iPhone 12 teardown reveals how 5G has changed things

View
What we bought: Our favorite USB-C chargers

What we bought: Our favorite USB-C chargers

View

From around the web

Page 1Page 1ear iconeye iconFill 23text filevr