Robert E. Blackburn - Jurisprudence in Practice - Individual Rights

Individual Rights

See also: United States v. Fricosu

Blackburn has argued that the Fifth Amendment protection from individuals being compelled to testifying against themselves does not apply to testimony which is required to decrypt a protected data source in order to provide prosecutors with evidence. He suggests that the convenience of prosecutors in acquiring evidence in this manner overrules the otherwise inalienable right to avoid being "compelled in any criminal case to be a witness against himself". Critics have argued that since the password to an encrypted data source is a part of the defendant's mind, compelled testimony to reveal it is a direct violation of the Fifth Amendment.

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