Drudge Retort: The Other Side of the News
Tuesday, January 15, 2019

But in a more significant part of the ruling, Judge Westmore declared that the government did not have the right, even with a warrant, to force suspects to incriminate themselves by unlocking their devices with their biological features. Previously, courts had decided biometric features, unlike passcodes, were not "testimonial."

That was because a suspect would have to willingly and verbally give up a passcode, which is not the case with biometrics. A password was therefore deemed testimony, but body parts were not, and so not granted Fifth Amendment protections against self-incrimination.

That created a paradox: How could a passcode be treated differently to a finger or face, when any of the three could be used to unlock a device and expose a user's private life?

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good. can we throw out forced drug testing now?

#1 | Posted by ichiro at 2019-01-15 02:08 PM | Reply

Finally a good call on the matter.

#2 | Posted by GalaxiePete at 2019-01-15 05:35 PM | Reply | Newsworthy 1

I get the whole self-incrimination angle of the ruling. But, when the device is part of the crime or has information about the crime, not having access to it effectively prohibits prosecution of the crime. Warrants are given every day for the involuntary collection of DNA samples. Which are in turn used as evidence. In both cases the suspect has potential evidence and doesn't want to give it up. Both should require a warrant. But once collected, both should be able to be used as evidence. JMO

#3 | Posted by bogey1355 at 2019-01-16 03:21 PM | Reply

when the device is part of the crime or has information about the crime, not having access to it effectively prohibits prosecution of the crime. Warrants are given every day for the involuntary collection of DNA samples.

#3 | Posted by bogey1355

Good point!

Stop giving away your DNA. Unless you want someone rifling thru your genetic code and then selling whatever they can find to the highest bidder.

If you are under arrest you probably don't have a choice. But, you should.

#4 | Posted by donnerboy at 2019-01-16 06:48 PM | Reply

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Drudge Retort