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Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

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Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#51
post #32

Curious, what would happen if you purposefully damage your fingerprint? Say by forcing a burn on your finger using a stove top or car cigarette lighter.

That's a pretty painful option compared to just handling rough objects. I've rendered touchID almost entirely ineffective just by grip taping a skateboard.

The answer to your question though is that, at least on the phone's side, it would require your passcode to login

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#52

Earlier quoted context omitted.

That's a problem for me. Charge and prosecute them or let them go. Indefinite detention without a fair and speedy trial is unquestionably unconstitutional.

Well imagine a criminal is holding a piece of your property or even a person and not revealing where that is. Do you think it's reasonable to hold them for 30 days and then let them go and say "ah well I guess you can return that/them if you want cuz you did your time." A charge of contempt is still a charge.

Convicted of a crime is different than suspicion of a crime.

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#53

Earlier quoted context omitted.

That's a problem for me. Charge and prosecute them or let them go. Indefinite detention without a fair and speedy trial is unquestionably unconstitutional.

Well imagine a criminal is holding a piece of your property or even a person and not revealing where that is. Do you think it's reasonable to hold them for 30 days and then let them go and say "ah well I guess you can return that/them if you want cuz you did your time." A charge of contempt is still a charge.

So do you think it's reasonable that contempt of court can carry a life sentence without even being convicted by a jury of your peers? Is contempt of court a worse crime than assault or manslaughter?

You have the right to not divulge information from your mind that would incriminate yourself. In the US this is called the 5th amendment.

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#54
post #38

You can be compelled to provide fingerprints based on a warrant; I'm unsurprised (and not particularly bothered) that you can be compelled to use them on your own device. If you care about security, don't use a fingerprint alone; at most, only use it as a second factor for two-factor authentication. More generally, don't use anything that removes your ability to make a choice under duress, in whichever direction you…

> You can be compelled to provide fingerprints based on a warrant; I'm unsurprised (and not particularly bothered) that you can be compelled to use them on your own device. 5th amendment.

Doesn't apply, and this isn't the first opinion to come to that conclusion either.

http://pilotonline.com/news/local/crime/police-can-require-c...

5th amendment appears to be restricted to what you know based on all available rulings thus far. A password would fall under "what you know."

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#57
post #26

Needs to support a duress finger.

Wouldn't using the duress finger result in some sort of destruction of evidence charge?

As with most duress mechanisms, one would have to judge whether using it was better or worse than not -- I suppose ideally one would have two, one of which simply reenabled the passcode and would have some deniability (this is effectively already possible by using a nonstandard finger, unless LE has witnessed previous successful unlocks and can identify the finger which should be used), and one which initiated a wipe of the phone.

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#58

Earlier quoted context omitted.

The person who is being held indefinitely for not giving up his password is really frightening. They should either let him go or charge him with contempt of course/obstruction and issue time served! Even if you /know/ you don't have anything illegal on any of my encrypted devices, it's better to take a contempt of court charge than give up a password...because of what they might /find/ or possible things unrelated to…

Contempt is a terrifying charge, because under current law, you can be jailed indefinitely for the same contempt charge for as long as you refuse to cooperate with whatever the court thinks you should cooperate with. There's no upper bound there. So that wouldn't solve the problem.

Contempt is a weird power in general, especially when it's used for reasons like "disrespecting the judge." If I am disrespectful to the governor of my state, or if I'm disrespectful to a police officer, or if I'm disrespectful to a fireman or a bailiff or a legislator or a district attorney or a teacher or the President, that is a thing that I can legally do. But for some reason it's not outrageous for a judge to send me to jail because I showed them insufficient respect.

Re: Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID

#59
post #44

You can be compelled to provide fingerprints based on a warrant; I'm unsurprised (and not particularly bothered) that you can be compelled to use them on your own device. If you care about security, don't use a fingerprint alone; at most, only use it as a second factor for two-factor authentication. More generally, don't use anything that removes your ability to make a choice under duress, in whichever direction you…

In the era of fast 3d printers, what stands in the way of just fashioning a suitable fake finger from the fingerprint?

Nothing. The 3d printer is overkill. A fingerprint and a pack of gelatin is more than sufficient.
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