In the case of the United States v. John Doe, a subpoena duces tecum was issued to an individual (named John Doe) during a child pornography investigation. That subpoena ordered Doe to appear before a grand jury and produce unencrypted contents of laptop computers and external hard drives.
1. The decryption and production of the hard drives would have required the use of the contents of Doe’s mind; it would not have been merely a physical, nontestimonial act. It would instead have been tantamount to testimony by Doe of his knowledge of the existence and location of potentially incriminating files; of his possession, control, and access to the encrypted portions of the drives; and of his capability to decrypt the files.
2. Doe’s testimony would not have been a “foregone conclusion” because there was no evidence that the prosecutor knew whether any files existed and were located on the hard drives. In fact, there was no evidence that the prosecutor knew whether Doe was even capable of accessing the encrypted portions of the hard drives.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206 West Palm Beach, FL 33401
Tel: (561) 832-4348 | Fax: (561) 832-4346
If you have been charged with a crime or would like to get your record sealed in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, Attorney Ron Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you.