In a case currently being reviewed in U.S. District Court, prosecutors are seeking to obtain a court order that would require an individual who is accused of bank fraud, which is a federal crime, to disclose a password so that they can have access to the defendant's encrypted computer. Prosecutors believe that the computer contains important evidence to support their case against the suspect. The defendant and her attorneys, however, strongly argue that compelling her to do so would violate her rights under the Fifth Amendment, as well as her right to privacy.

The woman is denying the federal charges that have been filed against her regarding a mortgage scam. The bank fraud investigation, which led to the current criminal trial, culminated in authorities seizing six computers from the defendant's residence. Information from five of the computers was easily accessible, but due to the use of a widely available encryption program using password protection, information on one laptop remains inaccessible.

This case is controversial because there are no other similar cases to set a precedent for this one. Because a password is stored in a person's mind, rather than being something physical, like a key, defense attorneys argue that the woman would be compelled to provide testimonial evidence against herself, which is a violation of the Fifth Amendment.

The Fifth Amendment protects the accused in criminal proceedings from self-incrimination, which includes giving up information from one's mind that could be used as evidence in a case. However, the Fifth Amendment does not protect one from being forced to give up non-testimonial evidence, which is something physical like one's DNA.

With computers increasingly being used by individuals to store all kinds of information, including private and sensitive information, the court's resolution of this issue could affect the privacy rights of many other individuals in the future.

Source: ABC News, "Can a Court Make You Give Up Your Password?" Erin McLaughlin, Jan. 5, 2012