5 ms·
> Scanning a pinky (or some other fingerprint / combination of fingerprints) might cause the phone to factory reset, or unlock and trigger deletion a specified
by tomp 10y ago
> Scanning a pinky (or some other fingerprint / combination of fingerprints) might cause the phone to factory reset, or unlock and trigger deletion a specified portion of user data.
IANAL, but AFAIK there is a strict line between not providing incriminating evidence (legal, protected under 5th Amendment) and destroying evidence (criminal).
- mysticmarvel 10y agoMy iPhone forces password entry after 5 failed attempts at TouchID unlock. If you can quickly thumb the sensor a few times, you can render fingerprint unlock impossible. Better to disable anyway, but it's an option.
- StavrosK 10y agoExactly this. If they can force you to give them a fingerprint, but not a password, just reset the phone. You haven't destroyed anything, the data is still there, it's just inaccessible without the password.
- mysticmarvel 10y agoOne possible threat here could be access being gained another way (court-order to provide text key), then with the device unlock key known being required to try each finger in sequence to identify if you provided a genuine try to unlock the device. Could be seen as obstruction (IANAL).
- mynegation 10y agoI immediately thought the same thing upon reading. One thing that comes to mind is: automatically triggered data destruction. If laptop or the phone detects non-owner access attempts and destroys data on its own, is it destruction of evidence? Owner did not do it, and it was there just to protect from the real bad guys: corporate spies, identity thieves.
- throwawayish 10y ago> is it destruction of evidence? I'd say that depends on how much you pissed persecuting entities off.
- CJefferson 10y agoThe law often uses intention. Could you convince a jury of your peers you didn't do this just to hide your stuff from law enforcement?
- maxerickson 10y agoIf you are a terrible person with really weird requirements you might prefer the charges related to destruction of evidence to the charges related to the evidence itself. (if you are a terrible person without really weird requirements you avoid capturing or destroy the evidence on an ongoing basis, not after you are caught)
- pc86 10y agoI don't think being a "terrible person" (whatever the hell that means) has any bearing on whether or not you would want to protect your privacy.
- maxerickson 10y agoSure, but someone carrying around evidence of crimes with heavier punishments than destruction of evidence is considering a different scenario than someone simply concerned with their privacy.
- nicolas_t 10y agoIn the case of journalist covering war crimes, the journalist is not necessarily a "terrible" person. There's a lot of countries where the laws are such that it is not necessarily unethical not to respect them.
- maxerickson 10y agoAgain, sure, I was pointing out an instance where a person might prefer the destruction of evidence charges, not trying to exhaustively list all such situations.
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- arde 10y agoBesides, it would not be useful to trigger reset or deletion because LEOs could take a backup before the procedure.
- mspecter 10y agoThe theory is that the cops would be the ones selecting the finger. This would be no different from LE trying to crack a password, and the system permanently locking them out. However, I am also Not A Lawyer.