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Another Federal Court Says Compelled Production Of Fingerprints To Unlock A Phone Doesn't Violate The Constitution

Another Federal Court Says Compelled Production Of Fingerprints To Unlock A Phone Doesn't Violate The Constitution

4 years ago
Anonymous $4bURcB5AtU

https://www.techdirt.com/articles/20191127/16521643473/another-federal-court-says-compelled-production-fingerprints-to-unlock-phone-doesnt-violate-constitution.shtml

Where the Fifth Amendment ends for device owners largely seems to be determined by their favored security measure. If it's a password keeping a device encrypted, courts seem more willing to call compelled production a Fifth Amendment violation. If it's a biometric feature -- most commonly fingerprints or faces -- the courts are more likely to consider body parts non-testimonial.

There's not enough of a consensus either way to make it a clear choice, but courts seem to feel faces/fingerprints are like "keys" and passwords like "combinations" when it comes to the metaphorical lockbox that is your phone.