Jun 082016
 
 June 8, 2016  Court

Orin Kerr writes:

The U.S. Court of Appeals for the 3rd Circuit has a case pending on the Fifth Amendment limits of forcing a suspect to enter his password to decrypt a computer. The case provides an opportunity for the 3rd Circuit to correct an error in the 11th Circuit’s treatment of the same question, specifically on how to apply the “foregone conclusion” doctrine to an order requiring decryption of a storage device.

Given the importance of the issue, I want to explain the issue, show where the 11th Circuit got it wrong, and explain what I think the right analysis should be.

Read his article on Washington Post.

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