> Some courts have held, and the EFF argues, that providing an encryption key is unlike providing the key for a box because it requires you to recount things that are in your memory, and is therefore testimonial.
I am not aware of any court in the US which has held otherwise to be honest.
There are a few cases where individuals were ordered to decrypt contents but in all those cases, it was content that the law enforcement officials had already seen on the computer.
For a parallel, there's a case before the Supreme Court which was just argued over whether the 5th Amendment protects an individual from testifying against himself in the context of a court-ordered psychological evaluation. The likely outcome is that it does unless the defendant raises an insanity defence, and then, as long as the defendant can offer evidence that he was not sane, the state gets to compel him to have an evaluation.
What I am getting at is that the 5th Amendment almost certainly both applies and prohibits, generally, forced decryption at least in the US. There may be cases, however, where the 5th Amendment does not apply because nothing new is revealed to the government that the individual has not already presented.
I am not aware of any court in the US which has held otherwise to be honest.
There are a few cases where individuals were ordered to decrypt contents but in all those cases, it was content that the law enforcement officials had already seen on the computer.
For a parallel, there's a case before the Supreme Court which was just argued over whether the 5th Amendment protects an individual from testifying against himself in the context of a court-ordered psychological evaluation. The likely outcome is that it does unless the defendant raises an insanity defence, and then, as long as the defendant can offer evidence that he was not sane, the state gets to compel him to have an evaluation.
What I am getting at is that the 5th Amendment almost certainly both applies and prohibits, generally, forced decryption at least in the US. There may be cases, however, where the 5th Amendment does not apply because nothing new is revealed to the government that the individual has not already presented.