The recent federal raid on the home of Washington Post reporter Hannah Natanson isn’t merely an attack by the Trump administration on the free press. It’s also a warning to anyone with a smartphone.
Included in the search and seizure warrant for the raid on Natanson’s home is a section titled “Biometric Unlock,” which explicitly authorized law enforcement personnel to obtain Natanson’s phone and both hold the device in front of her face and to forcibly use her fingers to unlock it. In other words, a judge gave the FBI permission to attempt to bypass biometrics: the convenient shortcuts that let you unlock your phone by scanning your fingerprint or face.-
It is not clear if Natanson used biometric authentication on her devices, or if the law enforcement personnel attempted to use her face or fingers to unlock her devices. Natanson and the Washington Post did not respond to multiple requests for comment. The FBI declined to comment.
Instead of using your face or fingerprint to unlock it they could demand that you just type the password, could they not?
“I don’t recall.”
Good question. In the U.S. It violates your fifth amendment right not to testify against yourself/self-incriminate… unless a person doesn’t know that and voluntarily unlocks it.
From a legal perspective, no. Passwords would be a 5th amendment issue.
Nope, believe it or not, that’s treated entirely differently. Considered to be covered by the 5th amendment since you would be required to provide information that could be self-incriminating.
No.
There is no search warrant for the contents of your mind.
Of course “rubber hose decrypt” is always an option, but we’re not quite there yet.
Aren’t we?
I believe it gets a bit trickier because you can use your right to remain silent? They also can’t physically force you to speak the password but they can restrain you and unlock your phone by force.