Drudge Retort: The Other Side of the News
Tuesday, October 18, 2016

The government claimed that it is legal to enter a building and demand everyone's fingerprints, passwords, encryption keys to unlock all phones.

Whether you were in your house, or visiting someone in another house or even an apartment, you would surely not believe that cops could bust in and demand the fingerprints and thumbprints of every person there that they suspected might own a smartphone with a fingerprint sensor. That's right, not accused of having committed any crime, but of simply owning a smartphone which can be unlocked with fingerprint biometrics. Nevertheless, in what is believed to be a first, that is exactly what a court filing in California asked for.

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Federal prosecutors wanted to search a location in Lancaster, California. A May 2016 memorandum in support of a search warrant asked for "authorization to depress the fingerprints and thumbprints of every person" who was at the location so long as law enforcement "reasonably believed" the person used a "fingerprint sensor-enabled device."

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"Compelling a person to provide his or her fingerprint does not implicate, let alone violate, the Fifth Amendment." The prosecutors then cite cases to support that as well as noting that "the Fifth Amendment protects the accused, and as of this point, no person is being accused."

Quite the leap of interpretation there... the Fifth Amendment does not apply because no one is being accused.

#1 | Posted by LampLighter at 2016-10-18 11:51 AM | Reply

I would assume there is no probable cause then.

We will see what the legal beagles here think.

#2 | Posted by Prolix247 at 2016-10-18 12:28 PM | Reply

The dems are in control. Screw all of you.

#3 | Posted by Sniper at 2016-10-18 01:06 PM | Reply | Newsworthy 2

Snoops is starting his November 9th meltdown early.

#4 | Posted by 726 at 2016-10-18 01:23 PM | Reply | Funny: 2

@#3 The dems are in control. Screw all of you.

Given that the Mayor of Lancaster, CA (where this event occurred) is a Republican, your comment fails on a couple of fronts.

#5 | Posted by LampLighter at 2016-10-18 01:57 PM | Reply | Newsworthy 1

I think both the Forbes article and the memorandum do much better job of explaining this.

Bottom line, do not use the fingerprint or other biometric feature to lock your device.

#6 | Posted by et_al at 2016-10-18 02:06 PM | Reply | Newsworthy 3

this cannot stand. we got a lot of work to do.

#7 | Posted by ichiro at 2016-10-18 05:52 PM | Reply

Does it appear that these cases are ripe yet?

I would guess any information gathered would be inadmissible if you are an unnamed target of a warrant and have not committed a crime?

#8 | Posted by Prolix247 at 2016-10-18 07:12 PM | Reply

My password is FcukYouPigBastard, but then I like getting beaten.

#9 | Posted by bored at 2016-10-18 09:25 PM | Reply

#9 we used a root pw like that once, but better.

#10 | Posted by ichiro at 2016-10-18 11:02 PM | Reply

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when I lived in Houston in a condo someone near me had a WIFI network named "---- Obama"

On topic, I believe we will continue to see erosion of our rights to privacy and every knee knocking coward that thought it was ok for the gubment to protect us from the boogie man terrorist with the Patriot act is responsible.

In Louisiana they now have what they call "no refusal" weekends. If you drive through a DUI checkpoint or get pulled over by Barney and are "suspected" of driving under the influence of anything they can strap you down and take your blood from you. I don't condone driving under the influence but the fact remains that certain substances can remain in your blood even when you're not "influenced" by them. That and the whole 5th amendment thing.

on the smartphone, they don't need passwords or finger prints. they're already spying on us through our phones. And i grow tired of the crowd that says "if you aren't doing anything wrong, you have nothing to worry about. If thats the case, take all your curtains down and leave your door open where everyone can see in your house.

#11 | Posted by lfthndthrds at 2016-10-19 02:45 AM | Reply

"---- obama" is fine but I have no problem with the Secret Service investigating "kill obama"

Anyway, the surveillance state is here, neither party is good on it, and the Democrats are probably worse, but there is zero real opposition, the occasional Rand Paul YouTube video notwithstanding.

#12 | Posted by snoofy at 2016-10-19 02:54 AM | Reply

"I have no problem with the Secret Service investigating "kill obama"

Me either. no one should be saying that about any president, sitting or not.

#13 | Posted by lfthndthrds at 2016-10-19 05:25 AM | Reply

Of course it is. No reason to rely on police work only. Mass roundups.

#14 | Posted by fresno500 at 2016-10-19 08:14 AM | Reply

A guy I know has the Secret Service come to his work because some clown nearby put up a WiFi hostpot with a name like "Cop Killer Obama."

And guess what, before Secret Service even showed up the local police were there doing the basic legwork.
Do you know how hard it is to explain to the police that just because customers in your building can see a WiFi hotspot, it doesn't mean you are the one running it?

#15 | Posted by snoofy at 2016-10-19 01:51 PM | Reply

Given that the Mayor of Lancaster, CA (where this event occurred) is a Republican, your comment fails on a couple of fronts.

#5 | Posted by LampLighter

'Federal prosecutors wanted to search a location in Lancaster, California. A May 2016 memorandum in support of a search warrant asked for "authorization to depress the fingerprints...'

WTF toes that have to do with the damn mayor? Quit being a moron.

#16 | Posted by Sniper at 2016-10-19 02:04 PM | Reply

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