The Electronic Frontier Foundation has filed a brief in the case of Leon Gelfgatt, arguing that forcing the accused to decrypt a file violates the Fifth Amendment, which makes you secure against self-incrimination.
Our brief argues that the lower court got it right. The Fifth Amendment protects a person from being forced to reveal the "contents of his mind" to the government, allowing law enforcement to learn facts it didn't already know. When it comes to compelled decryption, the Fifth Amendment clearly applies because the government would be learning new facts beyond simply the encryption key. By forcing Gelfgatt to translate the encrypted data it cannot read into a readable format, it would be learning what the unencrypted data was (and whether any data existed). Plus, the government would learn perhaps the most crucial of facts: that Gelfgatt had access to and dominion and control of files on the devices.
It's not the first time we've made this argument in court; we've filed amicus briefs in other cases involving forced decryption, and won big last year in the Eleventh Circuit Court of Appeals, which agreed with us that the act of decrypting a computer is protected by the Fifth Amendment.
At a time when the recent public disclosures have suggested the government has been undermining cryptography, we hope the court understands the importance of having strong technological safeguards to protect our privacy and find that our constitutional protections prohibit what the government is trying to do here.
Fifth Amendment Prohibits Compelled Decryption, New EFF Brief Argues
In 1996, in the midst of the Clinton administration’s attack on the Internet and cryptography, Grateful Dead lyricist and EFF co-founder John Perry Barlow sat down in Davos, Switzerland, where he’d been addressing world leaders on the subject of the Internet and human rights, and wrote one of net-culture’s formative documents: The Declaration of Independence […]
The Electronic Frontier Foundation is hiring four new staffers: a criminal defense staff attorney, a technology generalist and two new activists (here’s what life is like for EFF activists).
The Come Back With a Warrant” doormat is an American classic (I prefer my suburban take on the motif).
If you’ve been blessed enough to avoid them yourself, you’ve definitely heard the horror stories. Late night, crushing out a ton of work, writing, coding, anything, then boom – your computer crashes. The battery blows, you spill water or coffee all over the place, or it just shuts down with no explanation, and you’re screwed. […]
You travel around a lot. It might be that jet set life from New York to LA to London to Tokyo, or it might be back and forth from the coffee shop to the office, or from the kitchen to the couch. Any which way, you’re mobile and that’s the way to live. When you […]
It’s 2016 and we like our technology really small. Our phones fit in our pockets, our remotes are lighter than ever, and even our cars seem to be shrinking. So your new drone shouldn’t be an exception. This Axis VIDIUS Drone is 21% off right now and it’s so little, your biggest problem won’t be […]