In this case, the 3rd circuit applied the same standard as the 11th (the government can compel decryption if they know what is on the drive), so it doesn't yet create a circuit split.
However, they don't decide that that is the right standard. In a footnote they suggest that the correct standard would be more lax (the government can compel decryption if they know the person knows the password). So if a case comes up where they rule that way, it would create a circuit split and lead the supreme court to take the case.
However, they don't decide that that is the right standard. In a footnote they suggest that the correct standard would be more lax (the government can compel decryption if they know the person knows the password). So if a case comes up where they rule that way, it would create a circuit split and lead the supreme court to take the case.
Orin Kerr writes a column about it here: https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...