3 ms·
As others have noted, this decision comes from a low-level court. And from what I've seen recently, it won't stand. Indeed, the basis of the opinion is iffy:
by mirimir 8y ago
As others have noted, this decision comes from a low-level court. And from what I've seen recently, it won't stand.
Indeed, the basis of the opinion is iffy:
> “If a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one’s finger, thumb, iris, face, or other biometric feature to unlock that same device,” the judge wrote.
Because defendants' right under the 5th to withhold passcodes is not at all settled. And even if they can't be compelled, they can be jailed indefinitely for contempt of court. Even if, as that ex cop in Philadelphia claims, they've forgotten it.
So anyway, this is iffy advice:
> The best advice for anyone concerned about government overreach into their smartphones: Stick to a strong alphanumeric passcode that you won’t be compelled to disclose.
- brianpgordon 8y agoI didn't read the opinion but even the quotes that Forbes pulled are eyebrow-raising. Like: “The undersigned finds that a biometric feature is analogous to the 20 nonverbal, physiological responses elicited during a polygraph test, which are used to determine guilt or innocence, and are considered testimonial.” This is the kind of wacky magistrate judge ruling that I'm sure the US Attorney rolls their eyes at.