section_path: Legal issues/Forced disclosure of encryption keys
section_name: Forced disclosure of encryption keys
paragraph_text: Forced disclosure of encryption keys
  
  In the United Kingdom, the Regulation of Investigatory Powers Act gives UK police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. Failure to comply is an offense in its own right, punishable on conviction by a two-year jail sentence or up to five years in cases involving national security. Successful prosecutions have occurred under the Act; the first, in 2009, resulted in a term of 13 months' imprisonment. Similar forced disclosure laws in Australia, Finland, France, and India compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation.
  
  In the United States, the federal criminal case of United States v. Fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. The Electronic Frontier Foundation (EFF) argued that this is a violation of the protection from self-incrimination given by the Fifth Amendment. In 2012, the court ruled that under the All Writs Act, the defendant was required to produce an unencrypted hard drive for the court.
  
  In many jurisdictions, the legal status of forced disclosure remains unclear.
  
  The 2016 FBI–Apple encryption dispute concerns the ability of courts in the United States to compel manufacturers' assistance in unlocking cell phones whose contents are cryptographically protected.
  
  As a potential counter-measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data (for example such as that of a drive which has been securely wiped).