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posted by martyb on Tuesday May 03 2016, @06:27AM   Printer-friendly
from the something-you-have,-something-you-are,-something-you-know dept.

FBI is quietly waging a different encryption battle in a Los Angeles courtroom. The authorities obtained a search warrant compelling the girlfriend of an alleged Armenian gang member to press her finger against an iPhone that had been seized from a Glendale home. The phone uses Apple's fingerprint identification system for unlocking. It's a rare case were prosecutors have demanded a person provide a fingerprint to unlock a computer, but experts expect such cases to become more common.

In a Circuit Court decision in Virginia 2014, the judge ruled that a criminal defendant cannot use Fifth Amendment protections to safeguard a phone that is locked using his or her fingerprint. According to Judge Steven C. Fucci, a criminal defendant can't be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint. The Fifth Amendment states that "no person shall be compelled in any criminal case to be a witness against himself," which protects memorized information like passwords and passcodes, but it doesn't protect fingerprints in the eyes of the law. Frucci said that "giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A passcode, though, requires the defendant to divulge knowledge, which the law protects against.

In other words fingerprints are bad security. On the other hand... maybe some fingers like 9 out of 10, instead can trigger a silent self-destruct?


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  • (Score: 4, Informative) by FakeBeldin on Tuesday May 03 2016, @07:36AM

    by FakeBeldin (3360) on Tuesday May 03 2016, @07:36AM (#340702) Journal

    No need to apologise, just link to the SN story: https://soylentnews.org/article.pl?sid=16/04/28/1516203 [soylentnews.org].

    Starting Score:    1  point
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  • (Score: 2) by davester666 on Wednesday May 04 2016, @04:12AM

    by davester666 (155) on Wednesday May 04 2016, @04:12AM (#341242)

    Sorry, I did poke around for the soylent article, but did not find it.