Barely three weeks after I penned Another Judge Rules Encryption Passphrase not Testimonial Under Fifth Amendment Analysis, the Eleventh Circuit has held that a defendant’s “decryption and production of the hard drives’ contents would trigger Fifth Amendment protection because it would be testimonial, and that such protection would extend to the Government’s use of the drives’ contents.” For the reasons set forth in my previous posts on this topic, and for the reasons more fully set forth below, I disagree, and I hope the Government petitions for a writ of certiorari on this issue…
