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adgasf | 6 years ago

If the key is not evidence then how can they prove that they got the incriminating files from the encrypted drive?

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JoeSmithson|6 years ago

A forensic scientist would testify that they extracted the files from there.

It is exactly the same as when a confidential source gives up an address (for example) the source never gets into evidence.

CiPHPerCoder|6 years ago

The whole point of strong encryption is to prevent adversaries (including forensic scientists) from extracting any information without possession of the key.

If the key involves a password that you, a human, have memorized in your squishy pink organ, it's privileged under the Fifth Amendment. (This hasn't been tested in court yet, of course. There's no precedent to fall back on.)