This is exactly what worries me, especially if the government legislates this and makes the do-you-remember issue an affirmative defense, which shifts the burden of proof onto the defendant. I recently forgot the very complicated passphrase I used on a months-old encrypted USB thumb drive. And I'm a doctor (implying that I should generally be good at remembering stuff).
In many criminal cases, months or years pass between evidence seizure and the criminal trial. Seems very easy to forget the decryption key. Or not have access to the 2-factor token anymore. Lot's of edge cases with very serious side effects.
In many criminal cases, months or years pass between evidence seizure and the criminal trial. Seems very easy to forget the decryption key. Or not have access to the 2-factor token anymore. Lot's of edge cases with very serious side effects.