4 ms·

Any lawyers (or wanna be lawyers) want to chime in -- is your thumbprint protected in the same way? I can see how the 5th amendment prevents them from compellin

Any lawyers (or wanna be lawyers) want to chime in -- is your thumbprint protected in the same way? I can see how the 5th amendment prevents them from compelling you to reveal your passcode, but does it prevent them from grabbing your thumb and using TouchID to unlock your phone? (That, or, just using a thumbprint provided during booking or whatnot...)

mikeash 11y ago
I'm just in the wannabe category (not even that), but I seem to recall it being ruled that since this was just a physical thing, it could be compelled. If you're paranoid, try to shut off your phone before any such interaction, since it requires a passcode when powering on for the first time. Alternately, use the wrong finger five times in a row to lock out TouchID.
slinkyavenger 11y ago
From what I've read in the past, it doesn't cover your thumbprint. [1] Thumbprints are physical, so they don't get the same protections. It's kind of like having a physical key to a physical lock. It's not self-incrimination for law enforcement to take that key and use it in the lock. Same with writing your passcode on a piece of paper. It's no longer a matter of self-incrimination if they find that and use it. [1]: http://arstechnica.com/tech-policy/2014/10/virginia-judge-police-can-demand-a-suspect-unlock-a-phone-with-a-fingerprint/ http://arstechnica.com/tech-policy/2014/10/virginia-judge-po...
CrossWired 11y ago
The difference is described here in Orin Kerrs reversal of his opinion earlier today: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/25/a-revised-approach-to-the-fifth-amendment-and-obtaining-passcodes/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201... Basically, having to provide something in your mind, the passcode, is testimony, a finger print, much like a key, is not testimony.

4 ms·

Any lawyers (or wanna be lawyers) want to chime in -- is your thumbprint protected in the same way? I can see how the 5th amendment prevents them from compellin

by msluyter 11y ago

mikeash 11y ago
I'm just in the wannabe category (not even that), but I seem to recall it being ruled that since this was just a physical thing, it could be compelled. If you're paranoid, try to shut off your phone before any such interaction, since it requires a passcode when powering on for the first time. Alternately, use the wrong finger five times in a row to lock out TouchID.
slinkyavenger 11y ago
From what I've read in the past, it doesn't cover your thumbprint. [1] Thumbprints are physical, so they don't get the same protections. It's kind of like having a physical key to a physical lock. It's not self-incrimination for law enforcement to take that key and use it in the lock. Same with writing your passcode on a piece of paper. It's no longer a matter of self-incrimination if they find that and use it. [1]: http://arstechnica.com/tech-policy/2014/10/virginia-judge-police-can-demand-a-suspect-unlock-a-phone-with-a-fingerprint/ http://arstechnica.com/tech-policy/2014/10/virginia-judge-po...
CrossWired 11y ago
The difference is described here in Orin Kerrs reversal of his opinion earlier today: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/25/a-revised-approach-to-the-fifth-amendment-and-obtaining-passcodes/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201... Basically, having to provide something in your mind, the passcode, is testimony, a finger print, much like a key, is not testimony.