Compelled Decryption Debate

Sorry, that's a bit different than what I'm asking. One of the ways the "safe" analogy breaks down when talking about crypto is that safes can generally be broken open by force but well encrypted data cannot be. I'm asking if there have been instances in the past where police could not break open a safe by force and so instead compelled (or tried to compel) the defendant to reveal the combination in court.

My understanding is that if you are in possession of a key to a safe then law enforcement or the court can compel you to produce the key. But if the safe has a combination, then the court cannot make you give up the combination as that may be self incriminating. Not to mention the practical aspects of trying to compel someone to give up a secret. What if they claim to have forgotten the combination? What if they actually _did_ forget?I imagine the situation with electronics will be similar. I

To be clear about [1], he isn't being held because he forgot the password to the device, he's claiming he doesn't have to decrypt the device even with a warrant. If he claimed he forgot the password, the government would have to prove he really knows the password to keep him in jail. But because he is refusing to respond to the order, he has to stay in jail until either he complies or he can prove in court the government doesn't have the right to demand it. Whether the govern

"I encrypted the device but don't have the key" isn't a defense to being compelled to decrypt the device?

This actually isn't entirely settled law. Some argue that the 5th ammendment protection from self-incrimination would give someone the right not to give up their passcode. But different courts have ruled differently in differnet situations/jurisdictions, so far.

This has already happened several times in the US. People have been put in jail until they disclose the password for their phone or encrypted data.Here is a list of countries compelled to reveal passwords to encrypted data by laws in force.https://en.wikipedia.org/wiki/Key_disclosure_law

Reminds me of the man who was sent to jail for refusing to reveal his keys. think this happens alot.https://arstechnica.com/tech-policy/2020/02/man-who-refused-...

They could seize the physical items that have your wallet or keys stored on them.Anyhow, it’s not as if they would just give up if you refused to produce the password. In the US one can be jailed indefinitely for contempt of court.https://arstechnica.com/tech-policy/2016/05/feds-say-suspec

In the USA it is not legal (in violation of the 5th amendment) for the court to compel you to reveal a password (if your read the brief the Judge says as much). However, if the court can prove by other means that you own the data on a drive, they can compel you to provide them with the unencrypted contents of the drive via a search warrant.

Suppose you've been charged with a crime and the police have obtained a warrant to seize the contents of a safe you keep in your house. American courts have ruled that the 5th Amendment does not protect you from being compelled to open the safe.That precedent doesn't bode well for this case. I don't see a qualitative difference between the contents of a safe and those of an encrypted drive.One workaround: fail-deadly. Automatically wipe the encrypted data if the password isn't entered ever