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
White cops from Aiken, SC improperly stopped a car driven by a black woman (they claimed the stop was motivated by temporary tags, but driving with current temporary tags is not grounds for a stop), then improperly questioned her passenger, who voluntarily gave them his ID, then induced a drug dog to “alert” on the […]
Amendment 90 to France’s penal reform bill provides for five year prison sentences and €350,000 fines for companies that refuse to accede to law enforcement demands to decrypt devices.
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 […]
3D printing has been one of those “next big thing” innovations among early adopters and the tech circle in-crowd for a few years now. However, the prospect of creating your own three-dimensional objects is still in its relative infancy with the general public. While the idea itself is fascinating to most, high prices and the […]
White hat hackers get paid to find holes in their own employers’ online systems, and plug those holes before they become serious security risks. It’s a job that pays handsomely…mostly because few job candidates, even experienced IT professionals, have the skills to scamper over firewalls and infiltrate the deepest recesses of a battle-tested network. But […]
Why buy one of those expensive and confusing universal remotes, clogged with enough buttons to launch a space shuttle, when you could accomplish the same electronic control right on your favorite mobile device? The Blumoo Universal Remote, now just $52.99 in the Boing Boing Store, harnesses the audio power of all your household equipment right […]