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The FBI used a suspect's face to unlock his iPhone in Ohio case
When Apple debuted Face ID with the iPhone X last year, it raised an interesting legal question: can you be compelled to unlock your phone by looking at it? In an apparent first, Forbes reports that the FBI got a suspect to unlock his phone during a raid in August.
In August, the FBI raided the home of Grant Michalski, looking for evidence that he had sent or received child pornography. They were armed with a search warrant [warning: this documentation contains explicit descriptions of sexual abuse] which allowed them to search Michalski's computer for evidence, and during the raid, agents recovered his iPhone X.
The agents who found the iPhone asked Michalski to unlock the device via Face ID, which he did. They "placed the [phone] into airplane mode and examined it by looking through the files and folders manually and documenting the findings with pictures."
The facial unlocking was voluntary (or so they claim), and the Columbus Police and FBI have devices capable of bypassing the phone's passcode protection. So much for security.
Also at AppleInsider.
(Score: 3, Informative) by hemocyanin on Monday October 01 2018, @01:48PM (3 children)
What you know is protected by the 5th Amendment and the 5A protection against being forced to self-incriminate is the strongest protection people have.
What you are or have is protected by the mostly gutted 4th Amendment and even if the 4A still had any meaning, the authorities can get the stuff it covers with a warrant, something the courts give out like Halloween candy.
Consequently, my phone has a sticker over the fingerprint sensor.
(Score: 3, Insightful) by pkrasimirov on Monday October 01 2018, @02:18PM
ALL YOUR FACE ARE BELONG TO US.
(Score: 0) by Anonymous Coward on Monday October 01 2018, @11:12PM
I'm not really sure how you could protect against this sort of thing, eventually, you have to sleep and at that point, they could probably have it in your face when you wake up.
The thing though is that there isn't really any constitutional amendment that prevents that sort of thing. What you look like is not something that is generally protected under the constitution, what you know is. So, having a password that you could plausibly forget is protected, but becoming disfigured on purpose is probably going to run afoul of obstruction of justice rules. Now, if it's an accident or if the police beat you causing the disfigurement, that would be an interesting test.
(Score: 0) by Anonymous Coward on Monday October 01 2018, @11:39PM
Good luck with that .. currently neither is protected as part of your liberty ... Search Warrant for Your Fingerprint https://soylentnews.org/article.pl?sid=16/05/03/0224254 [soylentnews.org] ... Man Jailed Indefinitely for Refusing to Decrypt Hard Drives Loses Appeal https://soylentnews.org/article.pl?sid=17/03/21/1953213 [soylentnews.org]