The legal situation is more complex and nuanced than the headline implies, so the article is worth reading. This adds another ruling to the confusing case history regarding forced biometric unlocking.

  • astraeus
    link
    -9
    edit-2
    2 months ago

    Yeah, it’s like if you kept a bunch of illegal things in a safe the authorities have the authority to force you to unlock the safe.

    • @[email protected]OP
      link
      fedilink
      482 months ago

      Authorities with a warrant can drill into a safe to get to its contents. That’s legally distinct from forcing someone to unlock the safe by entering the combination. It takes some mental effort to enter a combination, so it counts as “testimony”, and in the USA people can’t be forced to testify against themselves.

      The parallel in US law is that people can be forced to unlock a phone using biometrics, but they can’t be forced to unlock a phone by entering a passcode. The absurd part here is that the actions have the same effect, but one of them can be compelled and the other cannot.

      • @[email protected]
        link
        fedilink
        English
        112 months ago

        It’ll be interesting to see if it applies to facial recognition. In iOS, at least, you need to look at the phone to unlock it. That’s an intentional action. If you look to the side or close your eyes, it won’t work.

        So if you’re conscious, you can’t easily be forced to unlock the phone with your face and eyes if you’re able to resist. But if you’re unconscious, then maybe they could use your face (assuming your eyes aren’t rolled back into your head because the cops gave you brain damage.)

        • @[email protected]
          link
          fedilink
          92 months ago

          But you can be easily tricked. Even easier than with the fingerprint.

          “Hey, can you look at those pictures?”, shows some printed out pictures with the phone hiding behind and then quickly just dropping the pictures.

          • Zagorath
            link
            fedilink
            22 months ago

            then quickly just dropping the pictures

            Could even poke a camera-sized hole in the picture. And disguise it by putting that hole over something similarly-coloured.

            But anyway, but of it is really that you can be held in contempt for refusing to unlock with biometrics, if they’ve got an appropriate warrant.

            • @[email protected]
              link
              fedilink
              22 months ago

              Probably a “have a look at this” and the 2 seconds before you realize that you are currently unlocking your phone, would be enough.

      • @[email protected]
        link
        fedilink
        12 months ago

        They can also compel you to provide a key to the safe, should one exist.

        The issue constantly is something you have vs something you know. They also can compel you to provide a document or item from within the safe, if they know that the item exists.

    • @[email protected]
      link
      fedilink
      102 months ago

      Depends on the country you life in. And even in the USA it is to my knowledge not correct. They can try to crack it themself but you have not to comply.