The National Association of Criminal Defense Lawyers (NACDL) has just released a new primer for criminal defense lawyers that will be of great value to all of us who venture into the digital world of litigation. The primer provides an outline on the state of the law on compelled decryption and offers a guide for defense lawyers to fight for our clients on this digital front.
Although this is technically outside of the scope of this blog, as compelled decryption has been thought to be more of a Fifth Amendment issue than a Fourth Amendment issue (although it can be), it is still of great interest to all of us where law enforcement seeks to force our client to open a digital device. This topic has been covered on this blog previously last September 16 and October 2, as seen below:
The content of the news release, as well as the links one needs to access the primer can be found here:
It’s definitely worth a read!