Encryption is everywhere. Ninety-four percent of Americans aged eighteen to twenty-nine carry smartphones, many of which encrypt their data by default when not in use.[1] Laptops, tablet computers, and thumb drives can be and often are encrypted.[2] Although users can decrypt electronic devices in different ways, one popular method is to enter a password.[3] To unlock the device and decrypt its contents, a person must type in a unique combination of characters that acts as the key and unlocks the device.
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The widespread use of encryption has triggered an increasingly common Fifth Amendment question in criminal investigations: When can the government require a suspect to decrypt an encrypted device by entering the password?[4] The issue typically arises when investigators have a warrant to search a cell phone or computer, but they cannot execute the search because the data is encrypted. Investigators obtain a court order directing a suspect to produce a decrypted version of the data by entering the password without disclosing it to the government. The suspect then objects, claiming a Fifth Amendment privilege against complying with the order.[5] 2ff7e9595c
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