As case law continues to be developed, it continues to look as though the best way to hold onto your Fifth Amendment rights is to secure your devices with a passcode. There’s no solid consens…
Just don’t use biometrics. Bad idea in general. A 6+ digit PIN or password is just fine, especially if you set your phone to factory reset after a certain number of failed unlock attempts.
That’s just giving up your rights from the get go. They can get a warrant to compel the fingerprint.
In this computer age, warrant requests are a button press to send a docusign e-mail to a judge, who can click the sign button while he sips his cappuccino. Make them work for it.
Right… that’s what I’m saying. Under the fifth, they can’t compel you to unlock your phone if it’s protected by a PIN or password and if you set it to factory reset after a bunch of failed attempts, they can try but it’s unlikely they’ll break the PIN/pass in a few attempts.
It’s protected under the fifth. Even so, requiring a warrant to get your passcode is far better than not requiring a warrant to demand biometrics. Either way you slice it, passcode > biometrics.
SCOTUS has not yet decided that a password in your brain is protected by the fifth.
Your phone is protected by the fifth.
Until SCOTUS decides that passwords are protected by the fifth, you can be held in contempt of court by a judge indefinitely because you forgot the password (theoretical scenario, has not yet happened).
There have been instances where judges ruled in favor of them being protected which sets a legal precedent. The SCOTUS probably won’t get involved unless a major lawsuit or federal-level case occurs.
Either way, passcodes are superior. Not sure why you’re arguing this.
Just don’t use biometrics. Bad idea in general. A 6+ digit PIN or password is just fine, especially if you set your phone to factory reset after a certain number of failed unlock attempts.
That’s just giving up your rights from the get go. They can get a warrant to compel the fingerprint.
In this computer age, warrant requests are a button press to send a docusign e-mail to a judge, who can click the sign button while he sips his cappuccino. Make them work for it.
Right… that’s what I’m saying. Under the fifth, they can’t compel you to unlock your phone if it’s protected by a PIN or password and if you set it to factory reset after a bunch of failed attempts, they can try but it’s unlikely they’ll break the PIN/pass in a few attempts.
The right to not surrender a pass code has actually not yet been decided. We already have differences between regions.
It’s protected under the fifth. Even so, requiring a warrant to get your passcode is far better than not requiring a warrant to demand biometrics. Either way you slice it, passcode > biometrics.
SCOTUS has not yet decided that a password in your brain is protected by the fifth.
Your phone is protected by the fifth.
Until SCOTUS decides that passwords are protected by the fifth, you can be held in contempt of court by a judge indefinitely because you forgot the password (theoretical scenario, has not yet happened).
There have been instances where judges ruled in favor of them being protected which sets a legal precedent. The SCOTUS probably won’t get involved unless a major lawsuit or federal-level case occurs.
Either way, passcodes are superior. Not sure why you’re arguing this.
I take issue with the statement “passwords are protected by the fifth amendment”.
SCOTUS is not guaranteed to affirm that above statement.
Were not in a court of law.