What do you think the us should follow the other nations

Reference no: EM133326825

Case Study: Unlike some other modern nations, the US does not have a key disclosure law. A key disclosure law is legislation that mandates a person to provide encryption keys or passwords to law enforcement for digital forensic investigations. Moreover, the Fifth Amendment prohibits the government from compelling any person to be a witness in a criminal case against himself. Regarding digital evidence, according to the current US Supreme Court rulings, if the government does not already know what is in an encrypted drive, forcing the owner to enter the password to decrypt it violates the Fifth Amendment protection against self-incrimination. So, here is what it means; for example, if a terrorist is arrested with an encrypted drive, and the police cannot crack the password, and they do not know what is in the drive, they cannot ask the terrorist to open it up and show what is inside. A key disclosure law would make that possible; police could force the terrorist to decrypt the drive. And here is my question:

Question: Do you think the US should follow the other nations (e.g., the UK, Australia, Malaysia, India) and enact a key disclosure law? And how would that sit with the Fifth Amendment of the US Constitution if it passed such an act?

Reference no: EM133326825

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