U.S. v Doe (In re: Grand Jury Subpoena Duces Tecum Dated March 25, 2011)
The 11th U.S. Circuit Court of Appeals found a Florida man’s constitutional rights were violated when he was imprisoned for refusing to decrypt data on several devices. This was the first time an appellate court has ruled the 5th Amendment protects forced decryption – a major victory for constitutional rights in the digital age. EFF filed an amicus brief in this case.
In this case, titled United States v. Doe, FBI agents seized two laptops and five external hard drives from a man they were investigating, but were unable to access encrypted data they believed was stored on the devices via an encryption program called TrueCrypt. When a grand jury ordered the man to produce the unencrypted contents of the drives, he invoked his Fifth Amendment privilege against self-incrimination and refused to do so. The court held him in contempt and sent him to jail. EFF argued that the man had a valid Fifth Amendment privilege against self-incrimination, and the government’s attempt to force him to decrypt the data was unconstitutional. The 11th U.S. Circuit Court of Appeals agreed, ruling that the act of decrypting data is testimonial and therefore protected by the Fifth Amendment. Furthermore, the government’s limited offer of immunity in this case was insufficient to protect his constitutional right because it did not extend to the government’s use of the decrypted data as evidence against him in a prosecution.
Updates
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Trenton, New Jersey—On Tuesday, January 21, at 1 pm, EFF Senior Staff Attorney Andrew Crocker will ask the New Jersey Supreme Court to rule that the state can’t force a defendant to turn over the passcode for his encrypted iPhone under the Fifth Amendment, which protects American’s rights against self-incrimination.The...
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Encryption is one of the most important ways to safeguard data from prying eyes. But what happens when those prying belong to the government? Can they force you to break your own encryption and provide them with the information they want?
In a new amicus brief, we explain...
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You shouldn't have to surrender your constitutional rights in order to safeguard your electronic privacy. In a new amicus brief we filed today, we told a federal court in Wisconsin that ordering a man to decrypt the contents of computers seized from his apartment would violate the Fifth Amendment...
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In the last two months, two different federal courts have ruled on whether the Fifth Amendment's right against self-incrimination applies to the act of decrypting the contents of a computer. We wrote amicus briefs (PDF) in each case arguing the Fifth Amendment did prevent forced decryption when...
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San Francisco - A federal appeals court has found a Florida man's constitutional rights were violated when he was imprisoned for refusing to decrypt data on several devices. This is the first time an appellate court has ruled the 5th Amendment protects against forced decryption – a major victory for...