Compelled Decryption and the Fifth Amendment (OnDemand)

Program Chair:
Matthew Reisman

Arshack Hajek & Lehrman, PLLC

Moderator:
Irene Byhovsky

Legislative Counsel
New York City Council

Can the state compel an individual to unlock his phone using a password? What about a thumbprint? The compelled decryption of data is bounded by the Fifth Amendment’s right against self-incrimination, but courts throughout the United States have reached widely varying conclusions as to the scope of the Fifth Amendment’s protection. Attorneys attending this CLE will learn about when and where the government can demand that an individual decrypt his or her own data under existing law.

Program Fee:
$49 for Members | $149 for Nonmembers
Andrew Crocker
Surveillance Litigation Director
Electronic Frontier Foundation

Jerome Greco
Digital Forensics Supervising Attorney
The Legal Aid Society
5:00 pm – 5:05 pm
Introduction of Topic and Panelists

5:05 pm – 5:25 pm
Encryption Technology and the Fifth Amendment

5:25 pm – 5:45 pm
Case Law Regarding Compelled Decryption

5:45 pm – 6:00 pm
Q&A
New York: 1.0 Professional Practice
New Jersey: 1.1 General
California: 1.0 General
Pennsylvania: N/A
Connecticut: Available to Licensed Attorneys
Sponsoring Association Committee:
Science and the Law, Irene Byhovsky & Matthew Reisman, Co-Chairs

Sponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org