Because the constitutional protection of the Fifth Amendment, which guarantees that “no person shall be compelled in any criminal case to be a witness against himself,” may not apply when it comes to biometric-based fingerprints (things that reflect who we are) as opposed to memory-based passwords and PINs (things we need to know and remember).

While IANAL, Marcia Hoffman certainly is. She has her own law practice, was senior staff attorney for the Electronic Frontier Foundation, and is an adjunct professor at U.C. Hastings College of the Law.