FBI stymied by Apple’s Lockdown Mode after seizing journalist’s iPhone

Post reporter was compelled to unlock MacBook Pro with fingerprint, however.

See full article...

 

[finallyarsd]

Apple needs a triple click to Lock on MacOS (similar to iOS) quick, it seems.

 

[finallyarsd]

I don't get how courts have ruled biometrics could be compelled, but passwords not. But here we are, I hope journalists and others who are targets use strong passwords

The same way the 4th amendment doesn’t apply within 100 miles of the border (including international airports).

Passwords are testimony (5th, please) while biometrics are bodies, like DNA that just are there or like physical keys found, vs. compelling an ‘act of production’ that tells the gov something you’d rather not.

 

[finallyarsd]

Your analogy only works if the police already have the key.

A warrant lets them search but it doesn’t automatically let them compel me to help: I am being compelled to help them if they force my thumb onto the fingerprint scanner.

Also ‘testimonial’ isn’t limited to speech. Forcing biometric unlocking can communicate control/access in a way that courts can treat as testimonial.

This interpretation is exactly what the D.C. Circuit did when they held that compelled thumbprint unlocking violates the fifth amendment.

The “tantamount to answering a series of questions about ownership or control […], including how [the phone] could be opened and by whom.” Is pretty interesting. But also not: is this your phone? Lawyer please. Is this your key for the phone? lawyer please. <opens phone with said key>