“Decryption Originalism: The Lessons of Burr,” Is Now Out
I’m pleased to say that my article, Decryption Originalism: The Lessons of Burr, has just been published by the Harvard Law Review. Here’s the abstract:
The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device. When the Court rules, the original understanding of the Fifth Amendment may control the outcome. This Article details an extraordinary case that illuminates the original understanding o
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