Federal Court judge is forcing a woman to unlock her iPhone using Touch ID
posted by Alan F. / May 01, 2016, 9:42 PM
Paytsar Bkhchadzhyan, a 29-year old woman from L.A., was recently served with a search warrant obtained by the FBI that forces her to unlock her iPhone using Touch ID. She had pleaded no contest to identity theft and the iPhone had been seized by authorities at her boyfriend's house. Her main squeeze is allegedly an Armenian gang member by the name of Sevak Mesrobian, and searching through her phone is supposedly part of an investigation that has been underway for some time.
Considering that the U.S. Supreme Court has already said that cops can search though a handset with a valid warrant, and that fingerprints of a suspect can be obtained without a judge ordering it, it would make sense that the Federal judge should be able to coerce someone to unlock their iPhone via the touch of a finger. But others believe that law enforcement should be held to a higher standard when it comes to getting a suspect to unlock their phone using a fingerprint scanner, because it could open the proverbial Pandora's box of personal information.
Susan Brenner, a law professor at the University of Dayton, says that by unlocking the phone, Bkhchadzhyan could be committing a self-incriminating act that violates the 5th Amendment. Albert Gidari, the director of privacy at Stanford Law School's Center for Internet and Society, disagrees. He says that touching the fingerprint scanner on her iPhone does not violate Bkhchadzhyan's Fifth Amendment rights because "Unlike disclosing passcodes, you are not compelled to speak or say what's 'in your mind' to law enforcement. 'Put your finger here' is not testimonial or self-incriminating."
source: LATimes via PCMag
Posts: 1466; Member since: Oct 27, 2011
This is why i started using clouds and snap chat and not have anything on the phone. Its crazy what people hide in their phones.
posted on May 01, 2016, 9:54 PM 0
Posts: 129; Member since: Feb 27, 2016
The law needs to catch up with technology. These Apple related government crimes/lawsuits are getting old.
posted on May 01, 2016, 10:04 PM 3
Posts: 1251; Member since: Dec 03, 2014
Narh its the same. Ifølge you are at suspect, law enforcement will search you and your phone. Its just that apple and a bunch of sheep suddenly think that they don't have to obey the law....
posted on May 01, 2016, 11:10 PM 5
Posts: 718; Member since: Sep 27, 2015
Oh? But did apple stop the government from unlocking the terrorist iphone? Even thou nothing was found inside the terrorist iphone 5c. There are other similar cases(But not all of them are terrorist related. Now if this was on android. Would you obey the law or not?
posted on May 02, 2016, 1:28 AM 1
Posts: 1605; Member since: Sep 22, 2014
Don't worry, he's got a limited vocabulary, he just knows to say "sheep" and accuse Apple or people who use their products of something because that guarantees you some green thumbs around here. To me, judging someone by the electronic device they choose to use is just evidence of a tiny, bitter mind.
posted on May 02, 2016, 2:31 AM 1
Posts: 286; Member since: Apr 23, 2016
What do people hide in their phones if they are innocent??
posted on May 02, 2016, 12:40 AM 1
Posts: 7; Member since: Apr 25, 2016
Perhaps they hop around as a bunny in diapers and recorded that on their phone. I can imagine you don't want anyone to see that. Also, if I would have nude pictures of my girlfriend on my phone, I would sure prevent at any cost for them to see. Reasons enough that are not criminal related.
posted on May 02, 2016, 5:07 AM 1
Posts: 152; Member since: Jun 18, 2013
If she is involved in a criminal activity or hiding evidences of any crime, then there should be no objection. It do not matter it is iphone or what phone. Seems all the countries need to revisit their laws with changing technologies.
posted on May 02, 2016, 1:19 AM 2
Posts: 7; Member since: Apr 25, 2016
Next option for phones: touch with the wrong finger = instant wipe of all data.
posted on May 02, 2016, 5:08 AM 2
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