Legal Issues in the Introduction of Compelled Decryption According to Device Unlock Limits

• Chohee Bae,
• Sojung Oh,
• Sohyun Joo,
• Jiyeon Joo,
• KyungLyul Lee,

Vol. 17, No. 2, February 28, 2023
10.3837/tiis.2023.02.017, Download Paper (Free):

• Compelled Decryption
• Decryption
• Encryption
• Privilege against Self-incrimination
• Personal Information Protection

Abstract

With the emergence of advanced encryption technologies such as Quantum Cryptography and Full Disk Encryption, an era of strengthening information security has begun. Users respond positively to the advancement of privacy-enhancing technology, on the other hand, investigative agencies have difficulty unveiling the actual truth as they fail to decrypt devices. In particular, unlike past ciphers, encryption methods using biometric information such as fingerprints, iris, and faces have become common and have faced technical limitations in collecting digital evidence. Accordingly, normative solutions have emerged as a major issue. The United States enacted the CLOUD Act with the legal mechanism of ‘Contempt of court’ and in 2016, the United Kingdom substantiated the Compelled Decryption through the Investigatory Powers Act (IPA). However, it is difficult to enforce Compelled Decryption on individuals in Korea because Korean is highly sensitive to personal information. Therefore, in this paper, we sought a method of introducing a Compelled Decryption that does not contradict the people's legal sentiment through a perception survey of 95 people on the Compelled Decryption. We tried to compare and review the Budapest Convention with major overseas laws such as the United States and the United Kingdom, and to suggest a direction of legislation acceptable to the people in ways to minimize infringement of privacy. We hope that this study will be an effective legal response plan for law enforcement agencies that can normatively overcome the technical limitations of decoding.

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