The web edition of the California Law Review.
CLR Online
Forced Decryption as a Foregone Conclusion
This essay examines how the Fifth Amendment Self-Incrimination Clause applies to encrypted data. In particular, it focuses on the Clause’s foregone conclusion exception, which allows the government to compel the production of information where the government reasonably knows that information exists. This essay argues that, under this exception, the government can compel a person to…