Can you be compelled to provide something that you don't have access to? Were anyone else in this situation, wouldn't it be plausible to simply claim you don't know that password?
I've wondered about scenarios where you can legitimately claim to not know the password to decrypt a drive. A few different cases I can think of which may be ruled differently by a court.
1) I use a password manager so I don't know the password. However, I have the means to acquire the password.
2) I use a password manager but somehow lost access to it unintentionally.
3) I use a password manager and lost access to it by design. (eg. Using a dead man's switch of some kind that deletes it if I don't "check in" for some period of time)
4) I used to know the password. However, I suffered a traumatic brain injury and cannot recall it.
I obviously don't have the answers but I think these are interesting to think about as different points in a large legal grey area.
Not bad, but that key-map would have to be accessible unencrypted from the encrypted device no? Unless somehow hard-mod a physical keyboard or something?
There is ample precedent for forgetfulness in the courts. Imagine a scenario where you are called as a witness in a case against someone else and you say that you can't remember what you saw. If there is evidence to support the idea that you are lying (say, you're being asked an easy question about something that happened yesterday) you can be held in contempt.
If there is reason to believe that you are telling the truth (say, you're being asked which of two parking spaces you saw a car in 10 years ago) then you're fine.
Same thing goes here. Rational disinterested people (a judge or a jury) will look at the available evidence and make their best judgement about whether you are telling the truth when you say you can't remember.
1) I use a password manager so I don't know the password. However, I have the means to acquire the password.
2) I use a password manager but somehow lost access to it unintentionally.
3) I use a password manager and lost access to it by design. (eg. Using a dead man's switch of some kind that deletes it if I don't "check in" for some period of time)
4) I used to know the password. However, I suffered a traumatic brain injury and cannot recall it.
I obviously don't have the answers but I think these are interesting to think about as different points in a large legal grey area.