this post was submitted on 17 Dec 2023
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5A protections SHOULD cover divulging passwords or being forced to supply biometrics as a password.
Now, if the police/feds can take fingerprints obtained at booking and use a 3d printer to simulate that finger and then use that fake finger to open a lock, then I dont think 5A would protect that. Thats just crafty detective work.
How is your “crafty detective work” really any different than sneaking in through a window even though you don’t have a search warrant?
I never said they wouldnt have a warrant, I dont understand the comparison
If one had a warrant then you just force the suspect to give over. Just like forcing them to give fingerprints. Isn’t the whole discussion moot if they have a warrant?
So when you offer a path to get into the phone without a warrant it’s just like breaking into a “house” without a warrant. Technically easy - just go through the window or use the fingerprint from booking. It if we agree with due process either is wrong.
It is not, because the issue is whether police CAN compel someone to give their password.
From the article:
Further down, italics added by me to emojis the important bit.
Lastly, I want to add one important distinction. Fingerprints are physical characteristics, while passwords are personal information. Fingerprints are distinct from passwords in that you have fingerprints, but know a password. You can only get one of them off a dead guy.