Your Encryption Key Is Protected By The Constitution?

from the can't-incriminate-yourself dept

In an interesting case up in Vermont, a federal judge has ruled that someone accused of a crime cannot be forced to reveal his or her encryption key, as it would be a violation of the Constitution's 5th Amendment, saying that an individual cannot be forced to self-incriminate. In an age where encryption is becoming increasingly popular, expect to see other cases of this nature. It seems likely that a case like this one (if not this one itself) will eventually wind up before the Supreme Court to determine whether or not someone can be forced to give up his own encryption key. Where it gets tricky is the question of whether or not the key itself incriminates the person. As the article notes, a person can be forced to give up a key to a safe that contains incriminating evidence, which many say is analogous to this situation. In the meantime, though, we've already seen cases where people are presumed guilty just because their computers have encryption software installed -- so, it may not matter whether or not the key is provided when the presence of PGP alone is viewed as incriminating.

Filed Under: constitution, encryption, encryption key, fifth amendment, pgp


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  1. icon
    Richard Ahlquist (profile), 17 Dec 2007 @ 8:52am

    Re: Protection of constitution

    Actually the people of the US and the Constitution are protected by the military. The people of the US by virtue of the power of the second amendment also protect the constitution from the government when needed. If you doubt that read what Thomas Jefferson has to say about overthrowing the government sometime ;)

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