Forced Decryption and the 5th Amendment: Analytical Issues in the 11th Circuit’s Recent Decision

Last Thursday, the Wall Street Journal and Volokh Conspiracy reported that the Court of Appeals for the Eleventh Circuit recently decided that forcing a suspect to decrypt and provide a hard drive when the government did not already know what it contained violates the suspect’s Fifth Amendment protection against self-incrimination. While most of the Court’s analysis seems correct, I have a few problems with some parts of the analysis and have tried addressing these issues Continue Reading →