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by p858snake 5795 days ago
In the US, wouldn't it full under the amendment that allow you not to incriminate yourself (aka, don't give over the encryption key (which you don't have anyway))
1 comments

Yeah you're right. According to this CNET article from 2007, it has been decided at least to the Federal District level, that investigators are unable to compel encryption keys at this time.

http://news.cnet.com/8301-13578_3-9834495-38.html

edit: maybe not the case, here's an update to the same case from 2009 where, although he was free to keep the key secret, he was ordered to produce the contents of the drive.

http://news.cnet.com/8301-13578_3-10172866-38.html

The second was a case where guards had already seen the incriminating content. Maybe defendants can still plead the 5th when the contents are unknown.

In any case, if you can show that you weren't the one who encrypted the document, I don't see how you could be prosecuted for not doing the impossible.