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Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

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141–150 of 294 posts

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#141
post #113

Earlier quoted context omitted.

Am I wrong that an (inevitable) biometric data breach would mean this can be done on the cheap (if you were unlucky enough to have given your data to a third party)?

Yes, at least for finger prints. Getting the print is easy, especially with glass back phones, it's making a good enough fake that's non-trivial.

Do gummy bears not work anymore?

https://www.theregister.co.uk/2002/05/16/gummi_bears_defeat_...

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#142

Earlier quoted context omitted.

It won't stand because it's not pragmatic. The issue around 'passwords being in your mind' is interesting, but they'll move past it. If you have evidence of a crime on your phone, it must be part of the process. There's nothing remotely unlawful about search of property so long as there is merit, oversight, warrant etc.. Ultimately, this will be no different than searching your car. Now, the cops doing it without a w…

The issue arises when the knowledge of the password itself is incriminating. The 5th amendment prohibits forced self incrimination. Forcing a suspect to divulge information that is directly incriminating will not stand constitutional review, regardless of the nature of the information. You have the right to remain silent.

That could work if knowledge of the password itself is all they are trying to pin on you.

Usually, though, they are going to be after what the password is protecting. If you try to invoke the 5th claiming that admitting knowledge of the password itself would be incriminating, prosecutors can grant you immunity over that and that greatly reduces your 5th Amendment protections with regard to that particular subject.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#143
post #34
post #29

This might be a good time to let others know: Android (at least my OnePlus) has a "Lockdown" mode in the shutdown menu that locks the screen and prevents the usage of the biometric methods. You have to use the password. This is good because passwords have already been hashed out in court and are unequivocally protected by the fifth amendment; you don't have to tell an officer your password (and entering it for them c…

In iOS 11 and higher, you can disable Touch ID by pressing the power button 5 times in quick succession: https://www.macrumors.com/2017/08/17/ios-11-emergency-sos-di... > In iOS 11, Apple has added an "Emergency SOS" feature that's designed to give users a quick and easy way to summon emergency services should the need arise. As it turns out, there's a secondary benefit to Emergency SOS - it's also a way to quickly a…

> "summon emergency services should the need arise"

What does that mean? It calls 911 or the local equivalent? That doesn't seem like desired behavior if you're triggering it in anticipation of crossing a border.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#144
post #118

Earlier quoted context omitted.

Did you expect the guy to get off free for murder?

Guilt is orthogonal to due process. What if the kid hadn't committed the murder but was duped into making incriminating statements anyway? Furthermore, considering testimony given while under the influence is ridiculous.

> "What if the kid hadn't committed the murder but was duped into making incriminating statements anyway?"

Then maybe it would make a better example for discussions like this. As it stands, that anecdote is little more than "the police are good at their jobs and they caught a murderer which is unambiguously good for everybody, but what if they were instead using their skills for something bad?"

> "Furthermore, considering testimony given while under the influence is ridiculous."

I'm sorry but expecting cops to never talk to drunk people is just absurd. There are plenty of valid objections to modern policing, but this isn't one of them.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#145
post #29

This might be a good time to let others know: Android (at least my OnePlus) has a "Lockdown" mode in the shutdown menu that locks the screen and prevents the usage of the biometric methods. You have to use the password. This is good because passwords have already been hashed out in court and are unequivocally protected by the fifth amendment; you don't have to tell an officer your password (and entering it for them c…

Lockdown mode is a new feature in Android Pie: https://www.androidauthority.com/android-pie-lockdown-securi...

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#146

Earlier quoted context omitted.

The problem with forcing someone to reveal a secret (e.g. a password), is that ultimately, there's no way to prove that someone actually knows the password. If I say that I forgot the password, and a judge throws me in jail for contempt of court, I could rot there forever. There is absolutely no way for me to ever prove that I truly forgot the password. You can't prove a negative. With fingerprints or face scanning,…

Francis Rawls is still in jail after 2 years for not decrypting his hard drive. He's in contempt indefinitely until he decrypts the drive.

However, that's a unique case, because the authorities know the hashes of the cleartext files on his machine match the hashes of illicit media. "Foregone conclusion" so long as you believe in the mathematics behind hash collisions.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#147

I won't believe this ruling is safe until it goes thru higher levels. The Executive Branch has over the past 2 decades has shown a large propensity for attempts to disregard the 4th and 5th amendments, and I see no change in this posture or the attempts to subvert them with the current political climate.

Bio identification is for usernames... not passwords. NEVER use a fingerprint or an iris scan for a password. That's insane! Just don't do it.

Meh, convenience matters. The alternative to me using a fingerprint reader oh my phone isn't me typing 16char alphanumeric password every time I pull my phone out, it's to not use a password at all.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#148
post #135

Earlier quoted context omitted.

A guy with a gun in my face can have my PIN. I’ll also happily provide my fingerprint or look at my phone to unlock it. This idea that digital security is going to solve for physical violence is absurd unless you’re willing to die to protect your digital assets.

obligatory https://xkcd.com/538/ edit: - sorry if it's annoying but for me it was a very graphical way to always remember this issue.

[deleted]

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#149
post #34

Earlier quoted context omitted.

In iOS 11 and higher, you can disable Touch ID by pressing the power button 5 times in quick succession: https://www.macrumors.com/2017/08/17/ios-11-emergency-sos-di... > In iOS 11, Apple has added an "Emergency SOS" feature that's designed to give users a quick and easy way to summon emergency services should the need arise. As it turns out, there's a secondary benefit to Emergency SOS - it's also a way to quickly a…

> "summon emergency services should the need arise" What does that mean? It calls 911 or the local equivalent? That doesn't seem like desired behavior if you're triggering it in anticipation of crossing a border.

There's a slider to call 911/emergency services (as well as to show medical ID). You can configure it to call 911 after 3/5 seconds but even then there's the second countdown with a cancel button. It prevents biometric unlock either way.

Re: Feds Can't Force You to Unlock Your iPhone with Finger or Face, Judge Rules

#150

I won't believe this ruling is safe until it goes thru higher levels. The Executive Branch has over the past 2 decades has shown a large propensity for attempts to disregard the 4th and 5th amendments, and I see no change in this posture or the attempts to subvert them with the current political climate.

"I won't believe this ruling is safe until it goes thru higher levels."

Yes - right now, there are people being held indefinitely for not decrypting hard drives the US [1]. The law used is: "All Writs Act (28 U.S.C. § 1651)". As one judge said, "We don't want your password - we just want the hard drives in unencrypted state."

https://www.bleepingcomputer.com/news/legal/man-who-refused-...

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