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by wfo 3773 days ago
Actually, with a warrant the police should be able to get through your encryption.

The debate is not about whether or not the state can look at your communication, the debate is how. When the state wants to look at your communications and has a warrant to do so, do they:

Demand your keys and lock you in jail indefinitely until you provide them?

Or retain permanent access to every communication and promise to never use it unless they have a warrant.

1 comments

Demanding keys would conflict with the 5th Amendment; in the few cases that I'm aware of[1][2] where a defendant was successfully compelled to decrypt their files, the suspect had either already demonstrated that the evidence was in their possession and thus given up their right to self- incriminate or been granted immunity. Also, with end-to-end encryption law enforcement won't be able to decrypt regardless of whether or not they have a warrant, and they need a warrant to initiate a wiretap to begin with.

[1] https://news.ycombinator.com/item?id=9663447

[2] https://news.ycombinator.com/item?id=9663378