I've said this before. They can already get a warrant and visit a suspect. Make them unlock their phone or go to jail for obstruction or some such (legal question, how compulsory can this get?). The problem is that they want to snoop in secrecy without tipping off a suspect. It's undesirable when going after networks of people, but going in the front door seems completely feasible today.
No, we don't. If the DA's office has other evidence you've committed a crime, and know that some encrypted device in your possession has additional evidence, the DA's office can legally compel you to turn over the keys.
The only time you're protected is if the key in question is password protected AND you only memorized the key (ie didn't write it down anywhere). Then you can plead the fifth.
>The only time you're protected is if the key in question is password protected AND you only memorized the key (ie didn't write it down anywhere). Then you can plead the fifth.
I don't think that's the case. There was a court ruling a year or two back where the court ordered the defendant to unlock his data. The key part of the ruling was that passwords and keys aren't evidence in and of themselves - the court can demand them in the same way it can demand, for example, physical keys for a safe.
Failure to provide decryption keys is I think not currently covered by the 5th in USA.
In the UK the punishment for failure to decrypt a device when the police ask is pretty much the punishment for whatever they accuse one of having on the device...
What if you don't have the key? Do they need to prove that you're able and refusing to decrypt the device or are you presumed guilty until you prove you can't?
What about one-time pads where you could make up whatever key you wanted and it would be valid?
I think (and I am not lawyer and not your lawyer) that the onus is on you to prove that you don't have the encryption key (anymore) or have access to it. I don't know what case law exists on this.
To the downvoters. I don't like these things either -- but just downvoting them on HN won't change things.... Vote in your national elections with civil liberties in mind instead.
