The Government Wants Your Fingerprint To Unlock Your Phone. Should That Be Allowed?

Details

Publish Date:
April 30, 2016
Author(s):
    ,
Source:
Los Angeles Times
Related Person(s):
Related Organization(s):

Summary

As the world watched the FBI spar with Apple this winter in an attempt to hack into a San Bernardino shooter’s iPhone, federal officials were quietly waging a different encryption battle in a Los Angeles courtroom.

There, 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 contained Apple’s fingerprint identification system for unlocking, and prosecutors wanted access to the data inside it.

But Albert Gidari, the director of privacy at Stanford Law School’s Center for Internet and Society, said the action might not violate the 5th Amendment prohibition of self-incrimination.

“Unlike disclosing passcodes, you are not compelled to speak or say what’s ‘in your mind’ to law enforcement,” Gidari said. “‘Put your finger here’ is not testimonial or self-incriminating.”

Read More