Re:Man jailed over Facebook password refusal
by Spivak on Sunday September 02, 2018 @12:03AM
(#17895470)
I don't think it's a straightforward conclusion that refusing to provide the password to a digital safe falls under fifth amendment protections. Following the precedent for physical documents the court would probably argue that unlocking a device, disk, file, etc. would not be self-incrimination because the person compelled to decrypt is not making any comment or statement of truth about the decrypted contents.
I'd say it's more like "had the right". Ask the guy who's still in jail in Philadelphia, because he "forgot" his FDE password. But hey, we won't know for sure until the Supreme Court has its say.