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White Collar Defense: November 2014 Archives

Massachusetts High Court Compels Decryption of Computer Files

Television crime dramas - and televised congressional testimony - have made "taking the Fifth" part of our collective civic consciousness.  The Fifth Amendment to the Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself," and, similarly, Article 12 of the Massachusetts Declaration of Rights states that no person shall "be compelled to accuse, or furnish evidence against himself."  But what happens when these 18th Century legal principles confront uniquely 21st Century circumstances?  

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