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The Fragile Fifth Amendment
Equipped with a search warrant or subpoena, and sometimes without either, the government may seize or compel an individual to turn over the contents of a computer or smartphone. But when those contents are encrypted (meaning they cannot be accessed without a password), as most are today, must the owner affirmatively facilitate the government's review by decrypting the data or supplying the password to do so? Few courts have weighed in, but two recent opinions demonstrate the fine factual distinctions that drive the analysis.
Background
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