DCSportbikes.net  
» Help Support .NET!
DCSportbikes Premier Membership for 25$ per year. Discounts! Click here for full information.

Now available in the .NET Shop:



Get your DCSBN Gear!
» Shoutbox
Sorry, only registered users have the ability to use our real-time shoutbox to chat with other members.

Register now, it's free!
» Online Users: 534
2 members and 532 guests
davidcycle, GRN96WS6
Most users ever online was 4,519, September 2, 2015 at 03:26 AM.
Go Back   DCSportbikes.net > Non-Sportbike Forums > Non-Sportbike Chat

Reply
LinkBack Thread Tools
VA Judge Rules That You Must Fingerprint Unlock Your Device If Feature Is Activated
Unread
  (#1)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
VA Judge Rules That You Must Fingerprint Unlock Your Device If Feature Is Activated - October 31, 2014, 03:58 PM



A Circuit Court judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads.

According to Judge Steven C. Fucci, while a criminal defendant can't be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.

The Fifth Amendment states that "no person shall be compelled in any criminal case to be a witness against himself," which protects memorized information like passwords and passcodes, but it does not extend to fingerprints in the eyes of the law, as speculated by Wired last year.

For the privilege to apply, however, the government must try to compel a person to make a “testimonial” statement that would tend to incriminate him or her. When a person has a valid privilege against self-incrimination, nobody — not even a judge — can force the witness to give that information to the government.

A communication is “testimonial” only when it reveals the contents of your mind. We can’t invoke the privilege against self-incrimination to prevent the government from collecting biometrics like fingerprints, DNA samples, or voice exemplars. Why? Because the courts have decided that this evidence doesn’t reveal anything you know. It’s not testimonial.


Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci's written opinion.

The ruling stemmed from a case involving David Baust, who was accused of strangling his girlfriend. Prosecutors believed Baust may have stored video of the attack on his phone, and requested that the judge force him to unlock it. If protected by a passcode, Baust will not be required to unlock his phone under the Fifth Amendment, but if protected with a fingerprint, he could potentially be forced to unlock the device.

If Baust's phone is an iPhone that's equipped with Touch ID, it's very likely that it will be passcode locked at this point and thus protected by law. Touch ID requires a passcode after 48 hours of disuse, a restart, or three failed fingerprint entry attempts, and the device has probably been in police custody for quite some time. It is unclear if the judge's ruling will have an impact on future cases involving cellular devices protected with fingerprint sensors, as it could be overturned by an appeal or a higher court.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#2)
Officially Addicted to Posting
 
Posts: 6,188
Join Date: January 14, 2009
Location: On a plane
October 31, 2014, 04:05 PM

Accused is probably a fuck, but this has bad implications


Quote:
Originally Posted by The Evil Twin View Post
I watch a LOT of gay porn.
  Send a message via AIM to Send a message via AIM to HenryW  
Reply With Quote
Unread
  (#3)
Traction Control
 
Tecknojoe's Avatar
 
Posts: 6,969
Join Date: May 6, 2009
Location: The hell out of VA
November 1, 2014, 01:52 AM

That's bullshit

So glad to be out of va


KTM RC8R
KTM RC390 race
Yamaha R6 race
Honda CRF50 mini
  Send a message via AIM to Send a message via AIM to Tecknojoe  
Reply With Quote
Unread
  (#4)
GDMFSOB
 
The Evil Twin's Avatar
 
Posts: 4,543
Join Date: June 22, 2008
Location: North PWC
November 1, 2014, 06:31 AM

Who cares?!? Use a number or pattern and problem solved.


#132 EX
Proudly representing: DC-MOTO, Amsoil, SHOEI, Woodcraft-CFM, MARRC

2015 MARRC Crash & Burn Award
2014 MARRC Sportsmanship Award
2013 MARRC Amateur of the Year
2012 MARRC Cornerworker of the Year
www.marrc.org

Quote:
Originally Posted by Stillie View Post
Here is my anus! Deliver thy penis unto it!.
  Send a message via AIM to  
Reply With Quote
Unread
  (#5)
Commute racer
 
RobMoore's Avatar
 
Posts: 837
Join Date: October 18, 2012
Location: Queen Anne's
November 1, 2014, 06:55 AM

Why don't you care? Just because it doesn't apply to you doesn't mean the next step they take to erode your rights won't.
  Send a message via AIM to  
Reply With Quote
Unread
  (#6)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
November 1, 2014, 07:08 AM

Quote:
Originally Posted by RobMoore View Post
Why don't you care? Just because it doesn't apply to you doesn't mean the next step they take to erode your rights won't.
This is the correct response.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#7)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
November 1, 2014, 07:14 AM

Quote:
Originally Posted by The Evil Twin View Post
Who cares?!? Use a number or pattern and problem solved.
Because a judge just ruled that your LOCKED and PRIVATE information belongs to them if you choose a particular locking method.

It would be like saying you must give police access to your home/car/briefcase/safe because you used a key instead of a combination lock.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#8)
Real Men Pedal
 
t84a's Avatar
 
Posts: 609
Join Date: February 14, 2009
Location: Middletown, MD
November 1, 2014, 07:37 AM

Eh, the judge's decision is wrong. It will be overturned.
  Send a message via AIM to  
Reply With Quote
Unread
  (#9)
Fast Lane Racing
 
CCS762ZX6's Avatar
 
Posts: 1,288
Join Date: August 29, 2012
November 1, 2014, 08:20 AM

Quote:
Originally Posted by RobMoore View Post
Why don't you care? Just because it doesn't apply to you doesn't mean the next step they take to erode your rights won't.
+1
  Facebook Page Send a message via AIM to  
Reply With Quote
Unread
  (#10)
GP Champ
 
shiphteey's Avatar
 
Posts: 3,265
Join Date: August 1, 2006
November 1, 2014, 09:21 AM

Small step would be to boycott or stop using products such as these. Of course it gets more difficult as they imbed this crap in more and more of our devices.


Gemini Motorcycles (Sterling, VA)
www.GeminiMotorcycles.com
ZX14: 243 mph
ZX12: 229.6 mph
ZX10: 202.8 mph

ZX9: 177.6 mph
ZX6R: 180.8 mph
Ninja 650: 130.7 mph
Ninja 400: 123.5 mph

EX300: 114.7 mph
EX250: 122.4 mph
  Send a message via AIM to  
Reply With Quote
Unread
  (#11)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
November 1, 2014, 09:36 AM

Quote:
Originally Posted by t84a View Post
Eh, the judge's decision is wrong. It will be overturned.
But for now it stands.
And other judges and LEO can use it as precedent.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#12)
Track Day addict
 
2blueyam's Avatar
 
Posts: 1,066
Join Date: January 20, 2012
Location: Alexandria
November 1, 2014, 11:22 AM

Quote:
Originally Posted by shiphteey View Post
Small step would be to boycott or stop using products such as these. Of course it gets more difficult as they imbed this crap in more and more of our devices.
You don't have to enable the fingerprint access. You can continue to just use a code. It is a choice.


Dale - 2004 SV 650 track, 2003 R1 track, 2007 Tuono
  Send a message via AIM to  
Reply With Quote
Unread
  (#13)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
November 1, 2014, 12:07 PM

Quote:
Originally Posted by 2blueyam View Post
You don't have to enable the fingerprint access. You can continue to just use a code. It is a choice.
The choice should not be a judge or government's to decide.
The 4th Amendment has already established this.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#14)
SRWJTS SGT-At-Arms
 
Fitz's Avatar
 
Posts: 17,473
Join Date: October 1, 2002
Location: King George, VA
November 1, 2014, 01:53 PM

i love how so many people are focusing on the device, rather than the whole "abusive gov" aspect


-Fitz

2016 Harley Softail Slim S
2012 Harley Ultra Limited in Ultra Annoying Orange Sold!
2012 V-Strom 1000 Sold!
2009 Buell 1125R Sold!
2005 Superhawk Sold!
2001 Superhawk Abandoned!
1981 CB650C Destroyed!

Brace Yourselves... the cries of "It's too cold to ride" are coming...
  Send a message via AIM to  
Reply With Quote
Unread
  (#15)
Track Day addict
 
2blueyam's Avatar
 
Posts: 1,066
Join Date: January 20, 2012
Location: Alexandria
November 1, 2014, 03:26 PM

This shouldn't be that hard to beat. You don't have to tell them which finger you use. You don't have to tell them if you are right or left handed. Just use the wrong finger X times and it should lock up and require the passcode which you don't have to give them.


Dale - 2004 SV 650 track, 2003 R1 track, 2007 Tuono
  Send a message via AIM to  
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Powered by vBadvanced CMPS v3.2.3


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.6.0
vBulletin Skin developed by: vBStyles.com
All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2002-2010 by DCSportbikes.net. DCSportbikes.net is owned by End of Time Studios, LLC.