There has been some debate as to whether law enforcement agencies can compel a company such as Apple or Google to unlock the phone belonging to either one of their customers, especially when it is locked by a PIN code. This is why both companies have released a new encryption method in which only the user is able to unlock the phone from their end.
That being said, it seems that this does not apply to devices locked using fingerprints. This was recently ruled by a Circuit Court judge in Virginia who stated that fingerprints are not protected by the Fifth Amendment, unlike PIN codes, which means that police can officially and legally compel a defendant to give up their fingerprint to unlock their device.
“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 in question comes from a murder case in which the suspect is believed to have recorded the video of the attack on his phone, which is why prosecutors are asking the judge to compel the suspect to unlock his phone. With this ruling, if the suspect had used a feature like Touch ID, then it looks like he could be compelled, otherwise it looks like his phone will remain locked. What do you guys make of this ruling?
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