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Compelling Access To Encrypted Laptop
Fifth Amendment Privilege was not violated by compelling the defendant to provide an unencrypted version of his laptop drive containing suspected child pornography to the government, in In re Boucher, (D.Vt. Feb. 19, 2009) (No. 2:06-mj-91) (2009 WL 424718) (unpublished) (“Boucher II“)
Can the government compel an individual to provide a password to examine the encrypted contents of a seized computer hard drive? Initially, a magistrate judge concluded the Fifth Amendment barred the government from compelling this information. In re Boucher, (D.Vt. Nov 29, 2007) (NO. 2:06-MJ-91) (2007 WL 4246473) (unpublished) (“Boucher I“) Recently, Chief District Court Judge William K. Sessions, III, of the District of Vermont, overruled the initial ruling and sustained the government’s appeal.
tip: Federal Evidence Review.