Chicago Tribune:
In the latest skirmish over privacy in the cellphone age, a federal judge in Chicago has rejected a law enforcement request to force potential targets in an ongoing investigation to provide fingerprints to unlock any iPhones or other Apple devices.
The prosecution filing seeking the search warrant on the FBI’s behalf remains under seal, but the judge’s opinion said the government requested “the authority to compel any individual who is present at the subject premises at the time of the search” to provide a fingerprint or thumbprint needed to unlock an Apple device.
Weisman, a former federal prosecutor and FBI agent, wrote in his 14-page opinion last month that the government hadn’t presented enough facts in its application that would justify such sweeping “intrusions,” including any specific information about those who might be living at the residence or their connection to the child pornography investigation.
This is a very interesting case and it’s not over yet. It’s always been said that you can’t be compelled to give up something you know (your password) but you can be compelled to give up something you have (your fingerprints). The judge in this case is turning that on its head.
I’m thinking this is not about compelling the owner of the phone to unlock it, but rather the game of learning who is the owner of the phone ( incriminating evidence) by asking a room full of people to try to unlock it.
That’s at least partially correct, yes. The underlying basis for rejection was in the last quoted paragraph and has nothing to do with “what you know” versus “what you have”.
Maybe there’s more in the sealed application, but according to the judge’s ruling, the police don’t even know who lives there or how they might tie to the investigation. Fishing expeditions are generally not a valid reason for a search warrant.
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