March 10, 2016

New CRS Report: Encryption: Selected Legal Issues

Filed under: Probable Cause — Tags: — Bill @ 6:05 am

CRS copyOn March 3, 2016, the Congressional Research Service released an interesting report entitled Encryption: Selected Legal Issues.

The new report “… first provides background to the ongoing encryption debate, including a primer on encryption basics and and overview of Apple, Google, and Facebook’s new encryption policies.”

Then it provides “… an overview of the Fifth Amendment right to be free from self-incrimination; survey the limited case law concernig the compelled disclosure of encrypted data; and apply this case law to help determine if and when the government may require such disclosures.”

Finally it provides background on the All Writs Act and applies the associated case law to the case of the San Berdo Two and “potential future requests by the government to access a locked device.”

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