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Search warrant for your fingerprint

Accepted submission by bitstream at 2016-05-02 10:07:52
Digital Liberty

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 [dailygazette.com] 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 [hamptonroads.com]. 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 [macrumors.com]. 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 [wired.com]. 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. Otoh.. maybe some fingers like 9 out of 10, instead can trigger a silent selfdestruct [wikipedia.org]?


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