With more and more employees using personal devices it is not that clear cut. I know of several systems that I have administered that included personal devices. And having helped employees "setup" there personal devices for use on company LAN's I can tell you that more often than not I have run into personal information (some sensitive) residing in the same, drive, directory/folder as the corporate info. Most people are not good at self managing the segregation of corporate vs personal data on their own devices. This presents an interesting issue. I don't know of any corporate contract that protects the corporation from a counter suit if personal data obtained (intentionally or not) from a forced decrypted disclosure of a personal device is made public. In most cases the corporation has more to loose in a law suit than the individual.
What about contracted employees who work for more than one employer and are required to use their personal device for each job. Now you could have corporations each going after each other and the individual or the other way around abusing forced disclosure requirements. It is even theoretical that if Company A knows that one of their contract employees also works for Company B that they could enforce a termination and/or disclosure of a personal device to gain information about Company B.
I have associates that are employed by large corporations that develop software who also develop independently at home for open source projects and also for their own proprietary projects. These associates are developing applications that do not violate any non-complete contracts that they currently have with their employers. If they encrypt their personal work in a separate folder with an encryption system separate from the their corporation's who gets to say what the corporation looks at and what gets disclosed? They (my associates) have a vested interest in maintaining the security, proprietary, and legal status of their work/copyrights.
In short there are so many possible scenarios in which even in the private and corporate sector's that this issue could call into question the actions and intentions of others that it is far from simple or straight forward. The more individuals use, store, and maintain information, personal, corporate, etc digitally on personal devices, the more this issue is going to come up. I for one think the courts decision to uphold the condition in the 5th Amendment is the best course of action. Why, because it will hopefully force the corporation (the one with all the resources, not the individual) to be better prepared through use of virtualization, the cloud, and enterprise solutions to better protect themselves while also protecting there own employees from themselves and corporate retribution. The other way around is just a free-for-wall litigation-fest party I would not want to be invited to.
Keep Up with TechRepublic