Darren Chaker on the Fifth Amendment and Passwords

Can the Government Force You to Unlock Your Phone? This is one of the most contested questions in digital privacy law. The Fifth Amendment protects against compelled self-incrimination, but courts have reached different conclusions about whether providing a password or biometric unlock constitutes testimonial evidence. The core legal issue is the foregone conclusion doctrine. If the government already knows the contents of a device exist and can authenticate them independently, some courts have