Posted on 10/31/2014 2:57:14 PM PDT by Swordmaker
Virginia police can now force you to unlock your smartphone with your fingerprint
Summary: A circuit judge likened police forcing smartphone owners to unlock their device with a fingerprint akin to providing a DNA sample or an actual key.
Is nothing sacred anymore?
A Virginia circuit court judge ruled this week that smartphone users can be compelled to give up their fingerprint, but not their passcodes, allowing police to search their devices.
First reported by local Virginia news, the decision-making case in question surrounded a man charged with attempting to strangle his girlfriend. A video purporting to show the incident was on the defendant's phone, but his lawyer argued that handing over his passcodes would be in breach of his Fifth Amendment protections against self-incrimination.
But, a fingerprint — used by a number of devices, like the latest iPhones, iPads, and Samsung Galaxy phones and tablets — does not fall within these protections, which Judge Steven C. Frucci likened it to handing over a DNA sample.
Perhaps the irony is that fingerprint technology was meant to make devices more secure for consumers and enterprises alike, and not easier to gain access to by government agencies.
There is a caveat, however. If a device is locked by both a fingerprint and a passcode, the passcode wins, meaning the device is protected.
It comes just a few weeks after Apple and Google announced steps to ensure that their iOS and Android devices come offer default encryption to prevent government agencies from seeking out their complicity in unlocking devices.
The two mobile phone making giants made the move after government surveillance details were leaked by former U.S. contractor Edward Snowden.
If you want on or off the Mac Ping List, Freepmail me.
It's the same, exact principle.
I don’t use fingerprint smartphone locking. Nevertheless, there is one finger I would be happy to show these guys.
With a search warrant, they can break the door down. So yes, this is the same exact principle.
Another communists liberal judge.
CWII Spark Ping — Another “we don’t need no stinkin` warrant!”-style ruling.
The authorities can make force your finger on your smartphone, but they can’t force you to stay home under quarantine.
Nope.
Doesn't say it can be done without a warrant.
In fact, the Supreme Court has already ruled that it can't be: Police examination of cell phones without a warrant is a violation of the Fourth Amendment, unanimous, 9-0, Riley v. California (06/25/2014).
They already legally own your assets, your work products, and even your physical person. But they want to own your mind most of all...
Does this mean I need to require a passcode AND the fingerprint if I want to protect the phone from prying eyes of lawless cops?
At least with a PIN, you can say you forgot it ...
It means Apple needs to let users designate a different one of their fingers to switch the phone into pass code required to unlock mode.
I would use the pinky toe on my left foot! Good luck coppers!
Not lawless. Lawful...after they’ve gotten a warrant, which is what the ruling is about.
They won’t be happy until you enthusiastically celebrate their tyranny and perversion.
Dumb judge...iOS 8/iPhone requires the passcode (not fingerprint) after reboots/power offs...just power off your phone if police are coming your way...problem solved!
Always turn phone completely OFF when being pulled over so touch doesn’t work till passcode is entered. Doesn’t touch, not used after 24 or 48 hours require passcode entry as well ?
half a minute post ....:o)
plus 4 minutes ....doh !
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.