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The fifth amendment doesn't protect either speech or biometrics. Nor does it protect passwords.
by jfrunyon 5y ago
The fifth amendment doesn't protect either speech or biometrics. Nor does it protect passwords.
- kingcharles 5y agoYou are wrong. It protects passwords as speech, as they are testimonial, per many court rulings. It does not protect biometrics based on law that basically says the police can force you to give up your fingerprints for their records, so they can sure as fuck force your finger onto a reader.
- xuki 5y agoCan they force someone to LOOK at the phone? FaceID with attention check will need you to look before it opens.
- fragmede 5y agoArguably, yes. That's why it's important to know the shortcut on iOS to render faceid inoperable until you give it the password - mash the power button five times fast!
- jfrunyon 5y ago> It protects passwords as speech, as they are testimonial, per many court rulings. Not true. https://www.reuters.com/business/legal/us-supreme-court-nixes-appeal-over-forced-password-disclosure-2021-05-17/ https://www.reuters.com/business/legal/us-supreme-court-nixe... for example.
- jfrunyon 5y ago(Oh and by the way, as I mentioned in the comment you replied to, the fifth amendment DOES NOT PROTECT SPEECH. That's the FIRST amendment. The FIFTH amendment protects AGAINST SELF-INCRIMINATION.)