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Encryption Technology and the Limits of the "Contents of the Mind"

VillasenorJohn_newIn a new article in the University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny, Professor John Villasenor and the Harvard Kennedy School’s Vivek Mohan explore how technologies such as digital encryption, smart phone unlocking mechanisms, and functional MRI are challenging traditional assumptions regarding the boundaries of the “contents of the mind.” They propose a framework for determining the scope of the Fifth Amendment privilege against self-incrimination in light of these and other emerging technologies.

 

 

 

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