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The Pennsylvania Supreme Court issued a forceful opinion today holding that the Fifth Amendment to the U.S. Constitution protects individuals from being forced to disclose the passcode to their devices to the police. In a 4-3 decision in Commonwealth v. Davis, the court found that disclosing a password is “testimony” protected by the Fifth Amendment’s privilege against self-incrimination. EFF filed an amicus brief in Davis, and we were gratified that the court’s opinion closely parallels our arguments. The Fifth Amendment privilege p
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