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…

from the passcodes-ftw dept

  • PirateJesusOPEnglish
    1·
    7 months ago

    The right to not surrender a pass code has actually not yet been decided. We already have differences between regions.

    • ChallengeApathy@infosec.pubEnglish
      1·
      7 months ago

      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.

      • PirateJesusOPEnglish
        1·
        7 months ago

        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).

        • ChallengeApathy@infosec.pubEnglish
          1·
          7 months ago

          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.

          • PirateJesusOPEnglish
            1·
            7 months ago

            I take issue with the statement “passwords are protected by the fifth amendment”.

            SCOTUS is not guaranteed to affirm that above statement.