Commonwealth v. Jones

LENK, J. (concurring).

*721I write separately because, unlike the court, I think that compelled decryption of a cellular telephone or comparable device implicates more than just its passcode; what the government seeks is access to the files on the device, which the government believes will aid in inculpating the defendant. Given that the foregone conclusion doctrine is a narrow exception to the constitutional privilege against self-incrimination, the government may compel a defendant's decryption of such a device only when it can show that any testimonial aspect involved in that act of production…