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I might be in the minority, but I am worried about privacy laws and phone unlock/biometic data. A password is something literally only I know and has been effec
by knaik94 4y ago
I might be in the minority, but I am worried about privacy laws and phone unlock/biometic data. A password is something literally only I know and has been effectively protected while unlock/biometric data is being actively tragetted.
"In considering a specific rule to adopt, Chief Justice Rush asked Seo’s attorney what level of particularity the state should be required to show to balance the state’s need with a defendant’s Fifth Amendment right. Seo’s counsel responded that the foregone conclusion exception, a limited exception to the general Fifth Amendment protection against self-incrimination, should never apply to compel decryption because:
compelled decryption is pure testimony,
decryption of digital devices is totally unlike the act of producing documents, and
even if decryption were an act of production, the state failed to describe the phone’s contents with particularity as required for the foregone conclusion exception to apply.
But the state argues that (1) providing a passcode or biometric feature is not testimonial and (2) even if such information has testimonial aspects, compelling Seo to unlock her phone doesn’t violate the Fifth Amendment because her knowledge of the password (not the phone’s contents) and her control of the phone were a foregone conclusion.
...
Justice Mark S. Massa, however, summarized the State’s argument, saying “protection from government overreach will lie in the Fourth Amendment, and not in the Fifth” (notably, Seo hasn’t yet raised any Fourth Amendment arguments)."
https://news.bloomberglaw.com/privacy-and-data-security/insight-can-the-government-force-you-to-unlock-your-smartphone https://news.bloomberglaw.com/privacy-and-data-security/insi...
https://www.governing.com/security/search-warrants-can-require-defendants-to-give-phone-passcode.html https://www.governing.com/security/search-warrants-can-requi...