Fifth Amendment Permits Police To Force Users to Unlock iPhones With Fingerprints, But Not Passcodes

digital fingerprintsThe Fifth Amendment does not prohibit the police from forcing users to provide a fingerprint to unlock a mobile device but it does prohibit them from forcing users to provide a passcode.

This was the ruling of a District Court in Virginia.

The court’s rationale is that the Fifth Amendment does not protect against providing physical or tangible information to further an investigation, such as DNA evidence or a physical key, but it does protect a defendant from having to provide information that must be communicated because by communicating that information, the defendant would be testifying against himself.

Read more: Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes – Mac Rumors.

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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