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How does someone strangle their girlfriend and record a video on their phone at the same time? Either he has very long fingers, or is very dexter stouts with his toes. And why would he want that video on his phone? Did he tie her up in a chair and set up the phone to record the incriminating act of murdering someone? Because that's always the kind of evidence you want stored on your phone.

This is such a stupid ruling.
Passwords stored in your head = protected, but physical use of your fingerprint for security is not protected. Great precedent judge! Next to follow, retina scans are not protected security. Basically, if they can take it from you, they will. What's after that? Voice recognition is not protected security?
 
That's fine, I wouldn't use my thumb anyway - wrong fingerprint!

you like most of the others in this topic talk like police are stupid when it comes to unlocking your iPhone. If your thumb isn't it on first try they are going to go into "red alert". You think your going to get ten attempts to get it wrong. ha good luck with that. They'll get you on the 3rd

Anyway what a hassle. Touch ID is meant to make life easier not harder. Get a change in the law not your habits
 
Simple fix if you think you will be compelled to unlock via fingerprint, quickly reboot your phone or start using the wrong finger to unlock. It needs a password after that.

Unless your first priority is to get rid of more harming evidence ;) I suspect locking down the iPhone is lower on the priority order.
 
The NSA can open it in two minutes ... no fingers needed.

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How does someone strangle their girlfriend and record a video on their phone at the same time?

Duh ... like maybe he had a tripod? As for why ... like maybe he was NUTS!
 
Simple loophole. If read correctly, the decision simply states giving police your fingerprint; such as if you were giving a DNA sample.

Here's what I would do: officials request that I unlock my device with a fingerprint, referencing this decision. In return, I simply state that I would allow them to ink my fingers and obtain my fingerprint that way. Directly refuse unlocking my iPhone.

Of course, the argument can be made that a fingerprint used on an electronic device does not identify an individual. It simply shows the two are connected. Granting access to a device like this is against fifth amendment rights since you are forced to self-incriminate.

TL;DR. I believe it wouldn't be illegal to refuse unlocking your device as long as police are provided with your physical fingerprints.

look at you big guy! you cracked it bro! you found a loophole ya legal genius!! *high five* :apple: *appleboy4life*
 
I guess at this time until you guys get the law changed the only way around this is to share your apple ID with a trusted person and have them remote wipe if your arrested.
 
The sad thing is you believing cops are aliens walking on the earth to prosecute innocent people.
Very sad.

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Tell it to the victims of terrorist or illegal acts....

I've worked as both a prosecutor and public defender. And, unfortunately, the comment I replied to is mostly accurate. That is what is sad, along with the fact the public does not require the same accountability for police as it does for everyone else.

It's also sad that someone thinks of aliens when none were mentioned. Revealing of the writer, but sad nevertheless.

And apparently you don't understand the basic premise of the American criminal "justice" system: that it is better to let a few guilty go free than to convict an innocent person.
 
I've worked as both a prosecutor and public defender. And, unfortunately, the comment I replied to is mostly accurate. That is what is sad, along with the fact the public does not require the same accountability for police as it does for everyone else.

It's also sad that someone thinks of aliens when none were mentioned. Revealing of the writer, but sad nevertheless.

And apparently you don't understand the basic premise of the American criminal "justice" system: that it is better to let a few guilty go free than to convict an innocent person.
I'm sorry,i just don't believe that someone who worked in the US justice system could say something like that.
 
I'm sorry,i just don't believe that someone who worked in the US justice system could say something like that.

It's not like he's the only one. The most popular examples:

http://www.harveysilverglate.com/Books/ThreeFeloniesaDay.aspx

Three Felonies a Day is the story of how citizens from all walks of life—doctors, accountants, businessmen, political activists, and others—have found themselves the targets of federal prosecutions, despite sensibly believing that they did nothing wrong, broke no laws, and harmed not a single person.

https://www.schneier.com/blog/archives/2008/07/why_you_should.html

This is an engaging and fascinating video presentation by Professor James Duane of the Regent University School of Law, explaining why -- in a criminal matter -- you should never, ever, ever talk to the police or any other government agent. It doesn't matter if you're guilty or innocent, if you have an alibi or not -- it isn't possible for anything you say to help you, and it's very possible that innocuous things you say will hurt you.

PS: It's not even something new or specific to the US. A much older example:

If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged. (Cardinal Richelieu)
 
Common Sense

To the people that will say "Just dont break the law and your fine." Do you know that you are saying that only the criminal need rights? As a free people, we all have rights. We are born with them. While I think the judge was right in saying the fingerprint is not protected. It is the personal property that the fingerprint unlocks that is protected. That is no different to a passcode. So..... To the poe-poe: have probably cause, get a warrent, respect the people and you'll be fine.
 
You can't handle a crime by committing another crime. Police (or you) can't illegally gather evidence. Snowden gathered his evidence illegally. That doesn't have anything to do with the alleged US-government crimes.
You can't illegally record phone calls, you can't illegally spy on someone. If you know that your neighbor is a criminal, you are NOT authorized to put a camera inside his house to prove it.
US committed crimes? Ok, that doesn't absolve Snowden from HIS crime.
And stop talking about 'right' or 'wrong' when you talk about the law (unless you're 18 and still an idealist). The law is not 'right' or 'wrong'.

Snowden has nothing to do with the collateral murder videos of the innocent civilians being murdered. That was Manning who exposed that. The evidence is there in that video and the subsequent attempted coverup of the video, it's crystal clear who was at fault there.
The military says you obey all lawful orders. If you are ordered to commit a crime (ie cover up an international crime) then you don't obey that order. Did Manning break the US law in exposing this evidence? Yes. But the sad fact is the US government made exposing it's own crimes illegal.

"You can't illegally record phone calls, you can't illegally spy on someone."
Snowden believed the US government did this and covered it up. That's why in part why Snowden did what he did. I totally agree with you that unjust laws exist. In an ideal world, the US government would not have spied on it's own people in that way. Or if the government did, it'd have been punished for doing so. But the world is not perfect and that did not happen. So Snowden had to break the law to expose the governments crimes.

If your neighbour is a criminal, I agree your not allowed up sneak a camera into his house. I agree with you there. But you are allowed (and encouraged) to contact the police about it. The issues arise when the police (and/or government) ignore most of what you say and put a gag order on you, so you are in trouble if you speak about it at all. I think you get my point. Massive grey area there.

some folks might disagree that he did the right thing by committing a crime to expose so called crimes. Some folks might even disagree that what he exposed was a crime at all.

But in the end it doesnt really matter because he admits he committed a crime and he will be made to pay for it one way or another, even if by permit banishment from his home and lost of everything he owes etc. and he's okay with that. because he felt that the ends were justified by committing his crime. Its like the father whose child is killed by a drunk driver who through legal games gets off scot free so daddy kills the driver in cold blood knowing it means life in jail or perhaps the death penalty

He committed a crime to expose a crime. (exposing the governments illegal activities should not be a crime in the first place but that's another story). Ok Snowden has been punished, being forced to flee the USA. But was the US government punished for it's crimes? No.

"Some folks might even disagree that what he exposed was a crime at all."
And that's the point. People always try to justify their own actions as legitimate. The government will not openly admit it committed crimes. So they disagree with the notion that what was exposed was a crime on the principle to cover their own asses. Just because some people think what was exposed is not a crime, does not make it any more or less of a crime.

"Its like the father whose child is killed by a drunk driver who through legal games gets off scot free so daddy kills the driver in cold blood knowing it means life in jail or perhaps the death penalty"
It's sort of like that. If the drunk driver was convicted for his crimes and given an appropriate sentence, there would be no need to go kill him for it. The difference is the US government was not put to trial for their crimes. But we all know that's a pointless exercise. It'll be some royal commission (or other juryless) trial. And government appointed judges will not call the government who appointed them guilty of crimes. It's a no win situation.

But at least in both Manning's and Snowden's situations, the public know about it now.
 
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To the people that will say "Just dont break the law and your fine."
What about if an unjust law exists, that when followed makes the lives of many people worse off? That's a lose-lose situation. Follow the law and you're worse off, try to do the right thing (thus breaking the law) and go to jail.

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Ever heard of Civil Forfeiture?
Ever heard of wrongful arrest?
Ever heard of police misconduct?
Ever heard of coerced confession?
Ever heard of wrongful conviction?

There are lots of reasons you might end up involved in court but not have actually committed the crime you are charged with.

Well said and very true.
 
But wouldn't it be weird trying to use the wrong finger? Doesn't everyone have both thumbs and index fingers registered? Are you going to try unlocking it 3 times with your middle finger in front of a cop or something?

I think it would be easier to try and turn it off at first sign of trouble with the law.

But for the record, if this guy really strangled his girl he ought to be curb stomped and then castrated.
 
Privacy is a thing of the past. It isn't just the police; if you put it on your phone then there is undoubtedly somebody else who can see it.

"Therefore whatsoever ye have spoken in darkness shall be heard in the light; and that which ye have spoken in the ear in closets shall be proclaimed upon the housetops." Luke 12:3

Perhaps the best way to hide your deep, dark secrets is to not have any.
 
I've actually been wondering about this, if a cop couldn't just forcibly press your finger to the button to unlock your phone and go on a fishing expedition or delete the recording you just made of them.

If I shut the phone off, I lose the ability to record the interaction, which is for my protection and that of the officer. Most cops are decent people, but Youtube is rife with examples of innocent stops that went horribly wrong because of a thug with a badge. Now that I know courts are allowing forcibly using my finger to unlock my phone, I will disable fingerprint ID unfortunately, and just use my nine digit number password. I can type it very quickly, but it will be difficult enough to prevent anyone from getting into the phone, at least while it matters.

I don't even speed. I've never had so much as a parking ticket. If a cop is trying to get into my phone, something has gone very, very wrong, and it won't be because of anything I did. This decision is bad news.

One innocent scenario: something has gone wrong, you're in an ambulance headed to the hospital trying to save your life and you're incapacitated. How that plays out might be changed by access to your phone and its contacts. The rest is personal preference.
 
Simple solution, Police just carry tin snips for their trigger finger

Simple solution, Police just carry tin snips for their trigger finger
 
Here's how you beat this case:

The judge said that information in your mind is protected, but your fingerprint isn't. What the judge failed to realize is that the information as to which finer unlocks the device is IN YOUR MIND. It's protected.

So they can't force you to give up the information of which finger unlocks the device.

Guy needs to get a new defense attorney.

Plus, you can just tell them the wrong finger, try X number of times, and then you're forced to unlock with a passcode. Or just reboot the device. EASY to get around this dumb law.

Wrong.

This thread is hilarious.

#1 The police aren't stupid. If they have a warrant for you to unlock the phone with your finger they are not going to let you use the same finger x amount of times and each time watch the phone not unlock.

#2 You're not going to be holding the phone. They will be.

#3 If you get stupid with them they will hold you and your fingers and make you touch the phone. They will get their finger. Since most people use a thumb or index finger on their hands you're looking at a better then even chance they've got the phone open after the fourth try.

#4 The government can compel you to give up physical evidence on your body. Your fingerprint is physical evidence. You're blood, hair, DNA. All physical evidence which the government can compel through a warrant that you give up. When you get arrested and you are being processed in jail they take your fingerprints. There is no case here where you can deny them your fingerprint.

#5 The fingerprint for the phone is like a key to a door. You can be compelled to give it up.

The judges ruling in this case is correct. You can be compelled to give your fingerprint (physical evidence) to unlock the phone BUT you can not be compelled to give the pass code (mental evidence) to unlock the phone.

Solution? Use a pass code at all times. Fingerprint might make life easier but if it's turned off and you have to always use a pass code then you've no problem.
 
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I'm sorry,i just don't believe that someone who worked in the US justice system could say something like that.

Well, might be time for you to re-evaluate your belief.

There are a lot of people who think as I do.
 
Oh right... So, if I use a passcode to lock my doors they can't get in... Because its all in my head... Is that what your saying. I think this judge is grasping I straws here. So, if I don't use a the index finger for touch ID, can I compelled to tell them. How is that different than a passcode? Telling them which finger is the right one?

The whole reasoning is really convoluted. In the case of house, that you have a key, a passcode, or whatever, if someone wants to get in, and they got a warrant, they will get in. In the case of an encrypted phone, they won't. A huge difference just there.

If you have a lock on your doors that doesn't use a key and only a passcode, they do exist, then you do not have to give them the code. They can't force you to essentially testify against yourself.

But then again it doesn't matter. If they really want to get into your house they will simply take the door off the hinges or cut their way inside.

In the case of the iPhone your finger is the key and they can compel you to give it up to get in the phone. But if you use passcodes for your phone then they can not force you to give it up.

If one is that scared of the police getting into their phone just use a passcode at all times.
 
Wrong.

This thread is hilarious.

#1 The police aren't stupid. If they have a warrant for you to unlock the phone with your finger they are not going to let you use the same finger x amount of times and each time watch the phone not unlock.

#2 You're not going to be holding the phone. They will be.

#3 If you get stupid with them they will hold you and your fingers and make you touch the phone. They will get their finger. Since most people use a thumb or index finger on their hands you're looking at a better then even chance they've got the phone open after the fourth try.

#4 The government can compel you to give up physical evidence on your body. You're fingerprint is physical evidence. You're blood, hair, DNA. All physical evidence which the government can compel through a warrant that you give up. When you get arrested and you are being processed in jail they take your fingerprints. There is no case here where you can deny them your fingerprint.

#5 The fingerprint for the phone is like a key to a door. You can be compelled to give it up.

The judges ruling in this case is correct. You can be compelled to give your fingerprint (physical evidence) to unlock the phone BUT you can not be compelled to give the pass code (mental evidence) to unlock the phone.

Solution? Use a pass code at all times. Fingerprint might make life easier but if it's turned off and you have to always use a pass code then you've no problem.

They better get it in three because it locks to passcode on the 3rd wrong attempt. Most then have a big long complex passcode not a simple 4digit.

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One innocent scenario: something has gone wrong, you're in an ambulance headed to the hospital trying to save your life and you're incapacitated. How that plays out might be changed by access to your phone and its contacts. The rest is personal preference.

Why would they need to go into your iPhone in an acident? All the info they require or would ever need is there specifically for them in emergency card available on lock screen. Set it up in health book.
 
The error in the judges logic is that, by forcing a defendant to participate in unlocking of his device by providing a finger print, this in fact forces one to self incriminate and to act as a witness against himself.

It's no error.

Fingerprints are physical evidence. You can be compelled to give them your fingers to unlock the phone.

You automatically give up your fingerprints when you get arrested and taken to jail.

Your blood/DNA is physical evidence. You can be compelled to give them your blood.

You can be compelled to provide other physical evidence such as keys, documents, pictures, video, and other stuff. All this physical evidence can be just as incriminating against you.

You're not testifying against yourself when you give these things up.

Testifying is what is in your head. You're thoughts. They can't make you get on the stand and say what you did or didn't do.

Best advice: Turn off fingerprint and use passcode for the phone. They will then not be allowed to compel you to testify to the code for the phone.

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They better get it in three because it locks to passcode on the 3rd wrong attempt. Most then have a big long complex passcode not a simple 4digit.



Okay. I've got a 5 not a 5S or 6.

So yeah then they better get it in three. They still have a good chance since most people use their thumb or index finger on the hand they write with.

I'm right handed so I always hold the phone in my left hand and use my right hand fingers to manipulate the phone.

So with three attempts there is even less to worry about then.

To me this is a non-story being blow out of proportion.
 
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