ABSTRACT

Encryption: Selected Legal Issues [March 3, 2016]   [open pdf - 969KB]

"This report first provides background to the ongoing encryption debate, including a primer on encryption basics and an overview of Apple, Google, and Facebook's new encryption policies. Next, it will provide an overview of the Fifth Amendment right to be free from self-incrimination; survey the limited case law concerning the compelled disclosure of encrypted data; and apply this case law to help determine if and when the government may require such disclosures. The next section of the report will provide background on the All Writs Act; explore both Supreme Court and lower court case law, including a discussion of 'United States v. New York Tel. Co.'; and apply this case law to the San Bernardino case and potential future requests by the government to access a locked device."

Report Number:CRS Report for Congress, R44407
Author:Thompson, Richard M., II
Jaikaran, Chris
Publisher:Library of Congress. Congressional Research Service
Date:2016-03-03
Copyright:Public Domain
Retrieved From:Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:pdf
Media Type:application/pdf
URL:https://www.hsdl.org/?view&did=791170
Help with citations