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I went to a legal presentation at Defcon a couple of years back where they said that the government needs a court order / warrant in order to force you to tell

by twox2 5y ago

I went to a legal presentation at Defcon a couple of years back where they said that the government needs a court order / warrant in order to force you to tell them your password, but if you're using biometrics, they can just force you to touch your finger to your phone or scan your eyes without it. It's some legal loophole.... so in that respect I think passwords ARE more secure.

ne9xt 5y ago
Smart, but there is a way to force your (faceid/touchid) iphone to require your password by holding the power button to get to the "slide to power off" screen.
greggturkington 5y ago
A defendant was compelled to use their face to unlock their computer in a recent case (2021) [1]. The reasoning given by an analyst: > requiring a defendant to expose his face to unlock a computer can be lawful, and is not far removed from other procedures that are now routinely approved by courts, with proper justification: standing in a lineup, submitting a handwriting or voice exemplar, or submitting a blood or DNA sample Contrasting the logic used by a judge in a similar case in (2019) [2]: > 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 Ars has a summary of more cases [3]. It looks like in several instances state courts allowed the devices to be unlocked using biometrics, but the rulings were reversed at the federal level. In many cases a warrant was required. 1. https://archive.is/i2Bx9 https://archive.is/i2Bx9 2. https://archive.is/px2Qz https://archive.is/px2Qz 3. https://arstechnica.com/tech-policy/2020/06/indiana-supreme-court-its-unconstitutional-to-force-phone-unlocking/ https://arstechnica.com/tech-policy/2020/06/indiana-supreme-...
panzagl 5y ago
Presumably NSA employees are not using their phones for illegal activities, so they should not be in a situation where a court will order them to unlock their phone.
2OEH8eoCRo0 5y ago
There are two threats, bad actors, and law enforcement. Biometrics is good for law enforcement but is it tougher for hackers?

by twox2 5y ago

ne9xt 5y ago

Smart, but there is a way to force your (faceid/touchid) iphone to require your password by holding the power button to get to the "slide to power off" screen.

greggturkington 5y ago

A defendant was compelled to use their face to unlock their computer in a recent case (2021) [1]. The reasoning given by an analyst: > requiring a defendant to expose his face to unlock a computer can be lawful, and is not far removed from other procedures that are now routinely approved by courts, with proper justification: standing in a lineup, submitting a handwriting or voice exemplar, or submitting a blood or DNA sample Contrasting the logic used by a judge in a similar case in (2019) [2]: > 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 Ars has a summary of more cases [3]. It looks like in several instances state courts allowed the devices to be unlocked using biometrics, but the rulings were reversed at the federal level. In many cases a warrant was required. 1. https://archive.is/i2Bx9 https://archive.is/i2Bx9 2. https://archive.is/px2Qz https://archive.is/px2Qz 3. https://arstechnica.com/tech-policy/2020/06/indiana-supreme-court-its-unconstitutional-to-force-phone-unlocking/ https://arstechnica.com/tech-policy/2020/06/indiana-supreme-...

panzagl 5y ago

Presumably NSA employees are not using their phones for illegal activities, so they should not be in a situation where a court will order them to unlock their phone.

2OEH8eoCRo0 5y ago

There are two threats, bad actors, and law enforcement. Biometrics is good for law enforcement but is it tougher for hackers?