WUT? 😳 Learned at protest yesterday: Phone passcodes are 5th Amendment protected but biometrics aren't? WTAF? Did you know that? Thoughts?

[DrPepper12]

THAT IS SOME DONKEY DICK BULLSHIT RIGHT THERE!!! They're meant to do the same purpose - DENY ACCESS!! Looks like another email to my congressional prostitute!!

More:

USA courts have generally held that the Fifth Amendment protects passcodes but not biometrics. The Fifth Amendment guards against self-incrimination by prohibiting law enforcement from compelling individuals to provide "testimonial" evidence—something that reveals the contents of their mind, like a memorized passcode. In contrast, biometrics such as fingerprints or facial recognition are considered physical characteristics, not testimonial communication, so courts have ruled that police can compel you to unlock devices with them.

However, there is no nationwide consensus, and some state courts have interpreted these protections differently, leading to a patchwork of rulings across the country. Generally, though, passcodes are more likely to be protected under the Fifth Amendment than biometrics.

Yes I support this! Biometrics are "public" / "obtainable"

No I oppose this distinction. It's all security from state interference!

[WhiteSteve]

Yeah, learned all that ahead of time. I left my phone home altogether so I couldn’t be tracked, you never know with the lunatics we currently have in charge. I wouldn’t put anything past them.

But yeah, fingerprint or Face ID was ruled a legal way for authorities to open your phone, even without consent, and use photos, texts, etc as incriminating evidence. Number passcodes are protected. Absolutely crazy.

Ideally, leave your phone at home, walk or bike to where you’re headed (they can check your Uber records or street cameras can capture your license plate and place you somewhere.

Absolutely crazy that this is the world and country we live in right now, all previous “normal” is off the table

[dustybiker2]

You could have just turned it off.

[dustybiker2]

And wrap it in aluminum foil😏

[WhiteSteve]

@dustybiker2 hmm, can’t they still locate you if it’s off? Maybe not. Didn’t think of foil, the pro shoplifters used to beat our stolen merchandise alarms with foil-lined bags back when I worked at Hollister, lmao, probably the same concept

[dustybiker2]

I honestly have no idea. I was one of the last people to get a smart phone. Probably. lol

[MisterWack]

Before going to a protest / peaceful assembly, please turn your Face ID / Touch ID OFF!

Cops can just grab the phone off you and scan your thumb or face and forceful entry their way into your phone. Like yes it is the law, so be sure not to incriminate yourself.

I say incriminate because cops could put files on your phone and change the date or take a little thing out of context to paint you as a criminal.

Whether you are at a Republican crowd or a Democrat crowd or a Presidential Rally or a Parking Lot Demonstration, I urge you to turn Face ID & Touch ID OFF!

Know your rights and act accordingly, Thank You And God Bless You All!

[NaultD]

With the patriot act and prism the government already has a perfect replica of your data.

So they already have it. it's more about if it's admissible in court. I know I should care but it's not going to happen.

To have some solace "where do you hide a tree? In a forest." That's what happening in the information gathering everyone, it becomes impossible to sort through and things only can be effectively look at retroactively looking at someone.

It is fundamentally evil to use this tactic but they are too limited to use it effectively. Not to say AI is around the corner with government investment knowing it's ultimately goal.

[OneViewpoint]

I've been scooping out eyeballs and cutting off fingers for years. Taking an entire head for facial recognition is cumbersome. Works like a charm though. Saw it in movies.

Yet another case of legislation lagging technology by decades every time. How long have biometric sensors and facial recognition been common? 2 decades?

Just imagine what AI can get up to before anything it does is illegal and we have laws to hold anyone accountable, ROFL. Get ready to ride the crazy train! You must be 24" tall to go on this ride.

[Static_In_The_Attic]

Years back I knew about passcodes & biometrics & the 5th amendment ruling as well. As for me all my devices have passcodes. Houses have biometric locks nowadays too so keep the same thoughts in mind & that could be a legal loophole around a warrant.

My house has key locks & passcodes. No Biometric Locks.

[Miristheiss]

Yes, I knew it. A code is actual information/knowledge in your mind that you have to fess up while the bio is just the cop pressing your thumb to it or holding it up to your face.

If you want security from police you'd want a passcode that only you know. Pleading the 5th covers the phone code but that does not cover a bio lock.

[wynning]

Yeah I'm pretty sure there's been cases where police have gained access just with biometrics like it's completely legal.
Laws are not always up with the times I guess.

[Anonymous]

DNA too. Biometrics and dna will catch a lot of criminals and solve a lot of cold cases espicially when linked to AI. Also your smart phone can also incriminate you like say you were at a protest they can actively listen and track your location even when off.

[OddBeMe]

Pretty sure a judge would toss any evidence found if the cops just did a facial unlock. Warrants. Due process.

[DrPepper12]

No. It's all kosher!!!

[dustybiker2]

Ah loopholes. It's only a matter of time before it's solidified in court as protected too.

[AviatorTom]

I don't use biometrics. Passcodes, passwords, PINs and two-factor authorization is just fine.

Sometimes I want a person to access my device or account, and I don't want to cut off my finger so they can do that.

[Twalli]

My girlfriend has fingerprint and symbol protection. I have to use the symbol, because my fingerprint doesn't work, but it's the same protection as the symbol.

[exitseven]

it takes a while for the laws to catch up with tech. It is illegal to record an audio conversation but not video.

[DrPepper12]

That depends on your state tho

[beefcakebradybatson]

As John Mellencamp sang,"Ain't That America !!!"

[seeyounexttuesday]

Lol, your stupid ass actually went to one of those lame protests? BAHAHAHAHAHAHAHAHAHA

[Dongie]

Nope!