Home / Technology / Video / Encryption and the Fifth Amendment (Video)

Encryption and the Fifth Amendment (Video)

 

Here’s another video, this time dealing with claiming fifth amendment privilege in the face of being compelled to give up your passwords.

Details on these cases can be found at these links.

Enter Your Name and Email Below and Click

About Keith Lee

I'm the founder and editor of Associate's Mind. I like to write, talk, and think about law, professional development, technology, and whatever else floats my boat. I practice law in Birmingham, AL.

2 comments

  1. An impressively nuanced video of a very difficult area of law. There are some additional facts in Friscou that might have helped to understand how the court arrived at the “foregone conclusion” holding, starting with the discovery of the computer during a search pursuant to a warrant which the defense did not move to controvert, and the discussion, recorded on a prison telephone, conceding that the computer held evidence the government sought and that she had encrypted it. This meant that the government could prove that the computer at issue was lawfully seized, belonged to the defendant and contained (somewhere on the hard drive) evidence sought by the warrant.

    The testimonial act of unencrypting the drive, which was testimonial because it proved that fact that it was her computer and she had knowledge of how to unencrypt it, was already revealed by the telephone conversation. Not only did the government not need to use the testimonial act to prove what it could prove via other sources, but the government in Friscou agreed not to use the fact of her unencryption against her.

    These are very difficult, very nuanced cases, and your videos are doing an excellent job of explaining the problem and the law.

    • Thanks for the compliments. It’s tough putting them together.

      Friscou could have had more time devoted to it but I didn’t want to run past the 5 minute mark. Much past that and I fear it gets too long-winded for lay people.

My new book is available now. Grab it here.