Compelled decryption is the most important self-incrimination issue of the digital age. Almost everyone carries a phone on them at all times.1 When someone is arrested while carrying a phone, the government must get a warrant before searching it. Armed with a warrant, the government can search the phone. But if the phone is locked with an encrypted passcode, the government has two choices: hack in, or force the suspect to unlock it. The former is constrained only by the limits of the government’s technical ability and resources. The latter is constrained by the self-incrimination provision of the Fifth Amendment to the United States Constitution, which prohibits any person from being “compelled in any criminal case to be a witness against himself . . . .”

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强制解密和防止自证其罪的国家宪法保护

强制解密是数字时代最重要的自证其罪问题。几乎每个人在任何时候都随身携带电话。1 如果有人在携带电话时被捕，政府必须在搜查之前获得搜查令。有了搜查令，政府就可以搜查手机。但如果手机被加密密码锁定，政府有两种选择：入侵或强迫嫌疑人解锁。前者仅受政府技术能力和资源限制。后者受到美国宪法第五修正案的自证其罪条款的限制，该条款禁止任何人“在任何刑事案件中被迫成为对自己不利的证人”。. . 。”