Thesis / Dissertation

The Privilege against Self-Incrimination and the Compelled Production of a Password

Daniel Marc Hochstrasser, Jeremy Gans (ed.)

Published : 2019

Abstract

Over the past decade, the use of encryption to protect electronic devices, including smartphones and computers, has become commonplace. Most people use encryption daily, often unwittingly. This has consequences for law enforcement, which increasingly finds itself unable to access data on encrypted devices, even where a warrant has been obtained to search that device. A common response to this problem is for law enforcement officials to seek an order compelling a suspect in a criminal investigation to produce the password to the encrypted device. In response, suspects have argued that providing that information would infringe the privilege against self-incrimination as it might reveal inc..

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University of Melbourne Researchers