Fifth Amendment Privilege was not violated by compelling the
defendant to provide an unencrypted version of his laptop drive
containing suspected child pornography to the government, in In re Boucher, (D.Vt. Feb. 19, 2009) (No. 2:06-mj-91) (2009 WL 424718) (unpublished) (“Boucher II“)
Can the government compel an individual to provide a password to
examine the encrypted contents of a seized computer hard drive?
Initially, a magistrate judge concluded the Fifth Amendment barred the
government from compelling this information. In re Boucher, (D.Vt. Nov
29, 2007) (NO. 2:06-MJ-91) (2007 WL 4246473) (unpublished) (“Boucher I“)
Recently, Chief District Court Judge William K. Sessions, III, of the
District of Vermont, overruled the initial ruling and sustained the
tip: Federal Evidence Review.