its already been ruled by several state supreme courts (and maybe even SCOTUS) that they cannot compel someone to give out a password. fingerprints, yes. Passwords no.
Are you saying fingerprints in general, or a fingerprint pass key to the phone? I don't see the technical difference other than a password being less unique than a fingerprint for access.
Using the fingerprint reader to unlock the phone.
You have something tangible that can unlock the device, much like a physical key.
Now the passcode is wholly different. What if you dont know it? What if you honestly cannot remember? Its not beyond reason; I recently configured a new network device and within a couple days forgot which passcode I set. Couldnt recall for the life of me and it ended up being easier to factory reset it and spend 30 minutes setting it up again.
What if that was an NVR that captured a cop being shot? And what if they also think it was me on camera doing it? They demand the password, which I do not recall. Honestly. So they throw me in jail to "think about it" They take me to the judge and the judge also demands I give up the password. I can't. Judge doesnt believe me and orders me held until I decide to cooperate.
How much would that suck?
They cannot prove that you know but are just being uncooperative. Therefore its not lawful for them to require divulging that info.
I'll tell them I forgot my fingerprint.
Honestly, if they act professionally and ask, I'd have no reason not to share with them, if it served what I believe is a reasonable purpose. Hell, if I had something like a cop getting shot on there, they wouldn't have to ask. I'd be sharing it with them. Then again, I don't go around photographing or recording video very often, especially when something crazy is going down. I just don't get how the first thing some people do in a crisis is pull out that phone.
Much to the consternation of many govts apple at least makes it as difficult as possible to break into these phones. So it’s not always as simple as forcing your way in.If they have a warrant to search your house, they can get a locksmith.
Same with the car.
But a computer/phone, how is that different? They can hire a codebreaker, or electronics firm.
To me, providing your password is self incrimination.
How is it NOT?
I'm not trying to be a smart ass.
I'm trying to understand how it is NOT self incrimination?
Much to the consternation of many govts apple at least makes it as difficult as possible to break into these phones. So it’s not always as simple as forcing your way in.
Therein lies the rub. It is self incrimination. However, the encryption is good enough in these devices that many cannot be forced without losing the data.If they have a warrant to search your house, they can get a locksmith.
Same with the car.
But a computer/phone, how is that different? They can hire a codebreaker, or electronics firm.
To me, providing your password is self incrimination.
How is it NOT?
I'm not trying to be a smart ass.
I'm trying to understand how it is NOT self incrimination?
Therein lies the rub. It is self incrimination. However, the encryption is good enough in these devices that many cannot be forced without losing the data.
Would it be any different if you had a safe that could only be opened by explosives? The chance of losing the contents would be the same.Therein lies the rub. It is self incrimination. However, the encryption is good enough in these devices that many cannot be forced without losing the data.
Would it be any different if you had a safe that could only be opened by explosives? The chance of losing the contents would be the same.
that's a better analogy then my house analogy.
If a safe cracker can't open it, or you're in a small town and there isn't a safe cracker (locksmith), would a warrant compel you to provide the combination?
Possibly. On a side note, I'm not sure there isn't a safe built that CANNOT be cut open given enough time. Excluding bank vaults...but even thenWould it be any different if you had a safe that could only be opened by explosives? The chance of losing the contents would be the same.
If they have a warrant to search your house, they can get a locksmith.
Same with the car.
But a computer/phone, how is that different? They can hire a codebreaker, or electronics firm.
To me, providing your password is self incrimination.
How is it NOT?
I'm not trying to be a smart ass.
I'm trying to understand how it is NOT self incrimination?