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United States V. Hubbell: Encryption And The Discovery Of Documents, Greg Sergienko
United States V. Hubbell: Encryption And The Discovery Of Documents, Greg Sergienko
Richmond Journal of Law & Technology
Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity.