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Encryption: Selected Legal Issues

Via FAS – CRS report – Encryption: Selected Legal Issues, Richard M. Thompson II, Legislative Attorney; Chris Jaikaran, Analyst in Cybersecurity Policy. March 3, 2016.

“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 back ground 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…”

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