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The Government Wants Your Fingerprint To Unlock Phones (dailygazette.com)

schwit1 quotes this report from the Daily Gazette: "As the world watched the FBI spar with Apple this winter in an attempt to hack into a San Bernardino shooter's iPhone, federal officials were quietly waging a different encryption battle in a Los Angeles courtroom. There, authorities obtained a search warrant compelling the girlfriend of an alleged Armenian gang member to press her finger against an iPhone that had been seized from a Glendale home. The phone contained Apple's fingerprint identification system for unlocking, and prosecutors wanted access to the data inside it.

It marked a rare time that prosecutors have demanded a person provide a fingerprint to open a computer, but experts expect such cases to become more common as cracking digital security becomes a larger part of law enforcement work. The Glendale case and others like it are forcing courts to address a basic question: How far can the government go to obtain biometric markers such as fingerprints and hair?"

224 comments

  1. Backlash by De_Boswachter · · Score: 2

    The harder a government tries, the faster a market for hard-to-crack devices will grow.

    1. Re:Backlash by NicBenjamin · · Score: 1

      And how's that working out for you?

      I mean technically Apple didn't lose in Court, but the government actually got more then it wanted in terms of access to your damn phone because the hack it's using today is not tied to a single iPhone 5c.

    2. Re: Backlash by Anonymous Coward · · Score: 0

      And how is that reply relevant?
      OP mentions things in the future will be harder to crack. Then you come along talking about an already obsolete phone.
      How is that on topic?

    3. Re:Backlash by BarbaraHudson · · Score: 2

      I have outwitted them. My fingerprint will not help them. I don't lock my phone. And it doesn't have a fingerprint reader. ha ha :-)

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    4. Re: Backlash by sittingnut · · Score: 1

      actually "harder to crack" is not same as "impossible to crack".
      maybe op should amend his statement to -
      harder a government tries, the faster a market for 'hackers' able to crack ever harder-to-crack devices will grow.
      legal millions for police sanctioned cracks . you bet!

    5. Re:Backlash by Anonymous Coward · · Score: 0

      The harder a government tries, the faster a market for hard-to-crack devices will grow.

      You didn't even read the fucking article man. If the device uses biometric information for encryption/decryption then the government can simply "ask" to use your biological information to open up the phone. People are always criticising passwords, but passwords can be kept safely in one's mind. And there is no way for the government to extract that password from you. So they have to brute force the hardware. If you use biometrics on the other hand it's simply game over.

    6. Re: Backlash by NicBenjamin · · Score: 1

      And how many years ago was the 5 considered the gold standard in phones?

      Technology changes. All security tech from this year will be worked around eventually.

      And the government will still be around when they hack your supposedly government-safe phone.

    7. Re:Backlash by wwphx · · Score: 1

      Myself, my finger will open Amazon, iBooks, a secure storage app, and one of my bank accounts: but not my phone. For that, I have to enter a passcode.

      Mythbusters did an excellent episode where they defeated many home security devices, including a finger print reader. As I understand it, later models of iPhones actually read a capillary signature, so theoretically a severed fingertip wouldn't do it. But I wonder if some of the Mythbuster techniques would work.

      I'd like to see a survey of those using fingerprint unlocks. Is the finger on their dominant or off-hand? What's the distribution of index finger vs other fingers?

      --
      When you sympathize with stupidity, you start thinking like an idiot.
    8. Re:Backlash by arth1 · · Score: 4, Interesting

      People are always criticising passwords, but passwords can be kept safely in one's mind. And there is no way for the government to extract that password from you.

      One of the US presidential candidates this year disagrees, and believes in "advanced extraction techniques" or whatever the latest euphemism for torture is.

      That said, the biggest problem with biometric authentication is that once the cat is out of the box, it won't get back in. You can change your password, but you cannot change your biometrics. Once they've been copied, they're compromised for the rest of your life.
      For a fingerprint, that can be very easy to lift. A photo, or a glass, or a door handle. You don't even have to know that it's been taken.

      Another big problem is that they're not as unique as we like to think. There have been cases where people have been found in a fingerprint database that were nowhere near where "their" fingerprint was found. With several billion people, there are going to be overlaps. And because of the implicit trust in biometrics, the onus is on the suspects to prove his or her innocence against something that is treated as infallible evidence.

    9. Re:Backlash by BarbaraHudson · · Score: 2

      One place I worked at had one of those fingerprint readers on the time clock. I never used it after demonstrating that it would not read my fingerprint most of the time even with multiple tries and went back to my time sheet.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    10. Re:Backlash by Fnord666 · · Score: 1

      I mean technically Apple didn't lose in Court, but the government actually got more then it wanted in terms of access to your damn phone because the hack it's using today is not tied to a single iPhone 5c.

      On the other hand it's also not usable on any Apple phone since the 5c so any recent iPhones are immune to this particular attack.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    11. Re:Backlash by Anonymous Coward · · Score: 0

      One of the US presidential candidates this year disagrees, and believes in "advanced extraction techniques" or whatever the latest euphemism for torture is.

      Just the one? Maybe one of the US presidential candidates this year doesn't believe in 'advanced extraction techniques.'

    12. Re:Backlash by rahvin112 · · Score: 2

      Fingerprints are unique, but the FBI method of mapping them is NOT. You are equating two separate things. The FBI fingerprint systems don't look at the exact fingerprint, they create a dot pattern based on the whorls in the fingerprint and then use the dot pattern for matching. Those dot patterns are not going to be truly unique because fingerprints can generate the same dot pattern and be different.

      This is a problem with the FBI computers that do the matching, NOT because fingerprints aren't unique.

    13. Re:Backlash by arth1 · · Score: 1

      This is a problem with the FBI computers that do the matching, NOT because fingerprints aren't unique.

      No, it is a problem because
      a) fingerprints are never full fingerprints, but always partial, and
      b) our fingers are not static, but stretch and deform and occasionally even scar.

      In order for fingerprints to be useful despite a) and b), the data has to be reduced to a point where it is far from unique in large populations.

      Or, to put it another way, increasing the true positive rate also increases the false positive rate, and decreasing the false negative rate also decreases the true negative rate.
      You can either have fingerprint identification that's useful, or infallible, but never both.

    14. Re:Backlash by NicBenjamin · · Score: 1

      I mean technically Apple didn't lose in Court, but the government actually got more then it wanted in terms of access to your damn phone because the hack it's using today is not tied to a single iPhone 5c.

      On the other hand it's also not usable on any Apple phone since the 5c so any recent iPhones are immune to this particular attack.

      So you're saying that privacy won because instead of getting a hack that only worked on one phone, the FBI got a hack that works on millions?

      Apple delayed the decision on whether the All Writs Act can be used to force a tech company to hack it's own products. Which is good in theory because it means that they can't use that technique indefinitely. Note the "delay," in real life a no-decision in Court is a no-decision in Court.

      However it also established that as soon as you figure out a way to hack an iPhone model, you can get a seven-figure payment from the FBI. That is actually cheaper then the All Writs Act idea because under the All Writs Act they'd have to pay per phone and the price wasn't cheap (roughly $101k, so if they get 51 iPhone 5cs with this hack they've turned a profit even if they spent $5 mil on the hack), and will also work as long as gray hats like money. Yes it may take a few years for the private hackers to crack a really secure model, but it's pretty unlikely there will be an anarchist revolution in the next two years so they can wait.

    15. Re: Backlash by LinuxLuver · · Score: 1

      .... Unless they ban such devices and harass and imprison - and label as a terrorist or criminal - anyone who makes or uses one.

      --
      Only boring people are ever bored.
  2. Hey government... by Anonymous Coward · · Score: 0

    I've got a finger for you!

    1. Re: Hey government... by Anonymous Coward · · Score: 0

      "how about this piece of flare?"

    2. Re: Hey government... by MobSwatter · · Score: 1

      New Apple Iphone theft includes victim with missing index finger. Brilliant, why don't they just add cyanide to the chemtrails? WTF are they beating around the bush for?

    3. Re: Hey government... by Anonymous Coward · · Score: 0

      You know, the nazis had pieces of flare that they made the Jews wear.

    4. Re:Hey government... by Anonymous Coward · · Score: 1

      Hey government...
      I've got a finger for you!

      Neo: "You give me my phone, and I give you the finger." Agent Smith: "What good is a phone, when you cannot sp-wait, actually, that'll be just fine, Neo."

    5. Re: Hey government... by Anonymous Coward · · Score: 0

      *Flair

    6. Re: Hey government... by Anonymous Coward · · Score: 0

      They saved the flares for lighting the ovens.

  3. Duress print by Anonymous Coward · · Score: 5, Interesting

    New option: set a finger to use which will cause the device to wipe. (I can think of an appropriate digit to use).

    1. Re: Duress print by omnichad · · Score: 2

      That won't help you. Unless the "wipe" included fake usage and history, that's tampering with evidence and a crime all its own. And if your fake data doesn't match call record metadata, that will still be easy to prove as tampering.

    2. Re: Duress print by Anonymous Coward · · Score: 2, Interesting

      Then do nothing, and let them press your finger to the device. Don't even offer a specific finger, let them pick. It is not your job to inform them that doing so will wipe the device.

    3. Re: Duress print by climb_no_fear · · Score: 1

      That won't help you. Unless the "wipe" included fake usage and history, that's tampering with evidence and a crime all its own.

      I think you have a good point that wiping a locked device might be construed as tampering with evidence. But what if it just reencrypted it a second time, maybe even with a random password but one you just don't know ?

      IANAL but you didn't erase anything, it was locked before and now it is still locked. Maybe even do it so they could brute force in 10-20 years time?

      Conveniently after the statute of limitations has run out.

    4. Re: Duress print by Anonymous Coward · · Score: 1

      "Tampering with evidence" carry lower penalty than, say, drug smuggling. So yes, some people will go for "tampering", given the chance.

    5. Re: Duress print by AK+Marc · · Score: 5, Informative

      Converting the data to an unusable form would be treated like shredding, which is illegal, and well tested to be illegal, if you do so after you know the material shredded was needed for an investigation or lawsuit.

    6. Re: Duress print by Rosyna · · Score: 1

      Not really sure that's necessary. As this is an iPhone, TouchID is disabled if the device is rebooted, 48 hours pass, or their are five incorrect attempts at fingerprint scanning.

      That is, they're far more likely to burn through the 5 attempts than they are to hit the duress finger.

    7. Re: Duress print by climb_no_fear · · Score: 4, Interesting

      Converting the data to an unusable form ....

      You said it yourself: "Converting". But it was unusable before (ie., encrypted) and is still encrypted. Hence, no meaningful conversion took place.

      How about this: You could set up the system to unpack itself but with an algorithm that takes 20 years. It was locked before and now it is decrypting itself. You were asked to open it and you did.

      All good things take time...

    8. Re: Duress print by omnichad · · Score: 1

      So changing all the data on the phone (even if it could be decrypted to the same) is not tampering? Might as well just have it delete the private key instead (which is how remote wipe / too many guesses wipe works).

    9. Re: Duress print by AK+Marc · · Score: 2

      So if your notes were written in code, shredding them would be legal? There's no legal argument for that. Destroying things related to an investigation is illegal, regardless of what form they were in before.

    10. Re: Duress print by Anonymous Coward · · Score: 0

      If they don't know what's on the device, they can't know that it wasn't already wiped.

    11. Re: Duress print by Anonymous Coward · · Score: 0

      That's what I was thinking too. Unless it's to access data inside the phone on an app that utilizes Touch ID

    12. Re: Duress print by NicBenjamin · · Score: 2

      Dude,

      Stop watching movies.

      You've just committed multiple felonies relating to obstructing an investigation. Moreover the reaction of Courts to "you can't prove that, the evidence is gone," is typically to assume the evidence was the most damning evidence possible.

    13. Re: Duress print by OrangeTide · · Score: 2

      I'm pretty sure destroying evidence has a less harsh penalty than murder or copyright infringement these days.

      --
      “Common sense is not so common.” — Voltaire
    14. Re: Duress print by Anonymous Coward · · Score: 0

      There's no legal argument for that. Destroying things related to an investigation is illegal.

      Prove that the note which had read "milk bread eggs" is related to the investigation. There's your legal argument.

    15. Re: Duress print by Anonymous Coward · · Score: 0

      And before you ask why I would shred such a note, I shred everything, from documents that contain enough info for stealing my identity, to the mundane. Throw a whole lot of noise into that shredded mess.

    16. Re:Duress print by chuckugly · · Score: 1

      "They" are going to back up the original enciphered data first, of course. File that idea under completely pointless.

    17. Re: Duress print by Anonymous Coward · · Score: 0

      I remember years ago some encryption software included a fake environment which was smart enough to update and stay current with browser history etc.

    18. Re: Duress print by dgatwood · · Score: 1

      That won't help you. Unless the "wipe" included fake usage and history, that's tampering with evidence and a crime all its own. And if your fake data doesn't match call record metadata, that will still be easy to prove as tampering.

      This is a great example of why all phones should allow multiple user accounts. If you configure different accounts with different fingerprints, your private stuff could be in your left-handed account, and you could have a generic account with some minimal history and no access to much of anything in your right-handed acount (or vice versa).

      This is also why all phones should allow user-configurable multiple access levels. Keep certain apps that contain private data locked behind an additional passcode, while allowing the fingerprint to unlock the phone far enough to make phone calls, watch Netflix, and play games.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    19. Re: Duress print by the_bard17 · · Score: 1

      If providing the wrong finger leads to tampering with evidence (an act of my own doing), then providing the correct finger and thus the evidence is incriminating myself, which *should* be covered under the Fifth Amendment. I say should, because I don't have faith in our legal system to give a crap about the Fifth, or any other Right, these days...

    20. Re: Duress print by cfalcon · · Score: 2

      While you may be held in contempt or face other charges if you deliberately take an action to destroy evidence, I've never heard of "beyond a reasonable doubt" being interpreted as "or, you know, if they destroyed evidence". Much of this also depends on the specifics of the case as well.

      The overall topic- that you can be compelled to use your finger to unlock a phone- isn't even new. This has already been found in older cases. It's a very solid reason to use good crypto- you can be compelled to unlock with a finger by pretty much anyone at any time, legal or not. It is inherently less secure than a password or even a PIN.

    21. Re: Duress print by PinkyGigglebrain · · Score: 1

      and whats to stop them from doing the same with your other fingers?

    22. Re: Duress print by silas_moeckel · · Score: 1

      Print + Password every time.

      --
      No sir I dont like it.
    23. Re: Duress print by Rosyna · · Score: 1

      On iOS, the TouchID bad guess counter is global. So even bad guesses in apps that ask for the fingerprint via TouchID count against the limit of 5.

    24. Re: Duress print by NicBenjamin · · Score: 2

      Thye standard doesn't change.

      But if you destroy evidence, the cops can tell that to a Jury. Generally they have to, because it would be quite unusual to have separate trials for the destruction of evidence charge and the charge that started the investigation.

      So the Jury goes into that room, where the course of your life will be determined, and yes they are technically using the same standard as always (Reasonable Doubt). But your side has a huge credibility problem because you destroyed evidence.

      Yeah, you can win that case (Casey Anthony, for example, got convicted of impeding the investigation but nor murdering her daughter), but if you;re actually fucking innocent and/or your phone actually does not have incriminating information on it destroying it is a really bad idea.

      Fighting the Court Order in Court, using lawyers, probably makes sense; but destroying the evidence will not only give a Federal Prosecutor a free 5-year felony to pin on your ass (this one), it will also encourage the Jury to believe the Prosecutor in the main bit of the case.

    25. Re: Duress print by fnj · · Score: 2

      I'm pretty sure destroying evidence has a less harsh penalty than murder or copyright infringement these days.

      ... or insulting that verminous prick, Recep Tayyip Erdoan.

    26. Re: Duress print by omnichad · · Score: 1

      So if caught with the finger on a paper shredder power button, pressing ON is not tampering? Certainly being forced to press the OFF button is not a violation of Fifth Amendment.

      The only clause of the Fifth that applies is this:

      nor shall be compelled in any criminal case to be a witness against himself

      The term "self-incrimination" is shorthand, but it's not really accurate for every interpretation. Putting your finger on the phone to unlock is not an act of testimony.

    27. Re: Duress print by Anonymous Coward · · Score: 0

      wtf does bribery have to with the current discussion?

    28. Re: Duress print by Anonymous Coward · · Score: 0

      The cops found a random phone, (not on your person or in your possession) They pull you over and ask you to try to unlock the phone, you should be able to say "No" as you are indeed showing a link to the phone that was not available to the cops with out a dragnet.

      There should be limits to this kind of search, we cant have the cops trying to do shit like that.

    29. Re: Duress print by Anonymous Coward · · Score: 0

      That won't help you. Unless the "wipe" included fake usage and history, that's tampering with evidence and a crime all its own. And if your fake data doesn't match call record metadata, that will still be easy to prove as tampering.

      Agreed.

      It would be better if the fingerprint swipe was combined with a PIN password thats at least 8 to 10 digits long.

    30. Re: Duress print by AK+Marc · · Score: 1

      Since I can prove you shredded something, and can't prove what it was, that's obstruction.

    31. Re: Duress print by Anonymous Coward · · Score: 0

      But if all they have against you is locked-away in an encrypted phone, that means that unless they get you to decrypt it, they can't even charge you with anything, since "he wouldn't decrypt his phone" isn't an indictable offense.

    32. Re:Duress print by jonwil · · Score: 1

      If keys and other important data are stored in memory on the CPU chip (which is how Apple does it on the latest iPhones I believe) its not possible to "back up the encrypted data" in that way.

    33. Re: Duress print by Anonymous Coward · · Score: 0

      How about this: You could set up the system to unpack itself but with an algorithm that takes 20 years. It was locked before and now it is decrypting itself. You were asked to open it and you did.

      There's a simple one-question easy test for checking if rules-lawyering works in a real court: "Am I rich enough to pay a large team of expert lawyers to argue for my side in the court?" If the answer is 'no', then, no, your attempt at rules-lawyering won't work.

    34. Re: Duress print by sexconker · · Score: 1

      Wrong.
      You need to prove someone is guilty of an actual crime. You can just assume they're guilty then assume something they did was related to that crime.
      Fucking PROVE it.

    35. Re: Duress print by davester666 · · Score: 1

      or how about using the other fingers either disables fingerprint authentication or just forces the device to reboot.

      no data has been lost [even if you accidentally do this yourself], but then they would have to hack into it to gain access to the data.

      Of course, you'll be spending your time in jail for failing to enter the passcode from the 'All Writs' warrant they handed you after this happens...

      --
      Sleep your way to a whiter smile...date a dentist!
    36. Re: Duress print by Anonymous Coward · · Score: 0

      Because fingerprints are identification, not authentication, dammit...

    37. Re: Duress print by NicBenjamin · · Score: 1

      But if all they have against you is locked-away in an encrypted phone, that means that unless they get you to decrypt it, they can't even charge you with anything, since "he wouldn't decrypt his phone" isn't an indictable offense.

      Number one, if all they had on you was a locked-up, encrypted phone then it would be mighty hard for them to get a warrant, now wouldn't it?

      Number two, the OP isn't talking about not decrypting the phone, he's talking about wiping the phone. Not decrypting the phone is really smart as long as you can avoid doing so without violating a valid court order. But regardless of the evidence they use to get the order, they can fairly easily prove your newly wiped phone does not match up to the data your provider gave them, which is a five-year felony in the Federal system.

    38. Re:Duress print by Anonymous Coward · · Score: 0

      New option: set a finger to use which will cause the device to wipe. (I can think of an appropriate digit to use).

      Newer option: Ditch the iPhone and get a low-tech flip phone instead. Pretty hard to access data that a phone can't store - which is one of the better privacy options out there.

    39. Re: Duress print by AK+Marc · · Score: 2

      Nope. If I can prove you shredded something (that I think is relevant), that is the crime. Nobody is assuming anything. Proving they shredded something after being subpoenaed *is* the crime. You can't prove it's related to the crime because it's shredded. So in most cases, you don't have to prove that part, just that they did it.

    40. Re: Duress print by MitchDev · · Score: 1

      Not using the silly fingerprint scanner in the first place. They don't need your help to press your finger to a fingerprint reader.

      They don't have mindreading yet, so a good password still works wonders.

      Go extreme and get your phone set up to wipe if the passcode doesn't get entered at least once every X days....

    41. Re: Duress print by MitchDev · · Score: 1

      Download a song or movie, which is just a copy, nothing is lost.

      Go shoplift the same song or movie from a store.

      See which carries the bigger penalty...

    42. Re: Duress print by TheCarp · · Score: 3, Informative

      > if you do so after you know the material shredded was needed for an investigation or lawsuit.

      This. As a budding young sysadmin this was always one of the first things that came up as why we really need a data retention policy. The last position you want to be in when a lawsuit arrives is having just erased data with no clear policy as to why you did it.

      Its not even entirely about whats true or what can be discovered but what can be proven to the satisfaction of men, and that is always going to be a larger set. Best to have a policy and stick to it.

      --
      "I opened my eyes, and everything went dark again"
    43. Re:Duress print by chuckugly · · Score: 1

      Can back up the encrypted data, but not decrypt it is my understanding. There is a white paper from Apple describing the Secure Enclave system, but it's been a while since I read it. Generally it's virtually impossible to prevent copying of the data at rest, but that data can be encrypted. That means 'the bad guys' can't read it, but it also means wiping it is a waste of cycles.

      But I'm not an expert iGizmo hacker.

    44. Re: Duress print by Anonymous Coward · · Score: 1

      Was wondering what you were going on about. Went looking, and yikes! Just found this:

      Even common criminal suspects are stripped naked during interrogation and left like that, often after being hosed with ice-cold water or left on the concrete floors of cells in harsh conditions of winter. The HRA and the Human Rights Foundation of Turkey (HRFT) determined 37 torture techniques, such as electric shock, squeezing the testicles, hanging by the arms or legs, blindfolding, stripping the suspect naked, spraying with high-pressure water, etc

      Torture in Turkey

    45. Re: Duress print by david_thornley · · Score: 1

      They can ask you to unlock the phone, but in the case of a phone not obviously connected with you revealing that you can unlock it would be potentially incriminating yourself, and hence against the Fifth. The courts have been ruling that way.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    46. Re: Duress print by Anonymous Coward · · Score: 0

      This is a great example of why all phones should allow multiple user accounts. If you configure different accounts with different fingerprints, your private stuff could be in your left-handed account, and you could have a generic account with some minimal history and no access to much of anything in your right-handed acount (or vice versa).

      Wrong. This is why you should use "dumb phone" with non standard data storage. (old nokia 6310 or 3330 anyone ?)
      and use it for .. .you know phone calls and text messages.
      There is nothing in the phone except phone book that cannot be obtained from operator logs.

      somebody mentioned "retention policy" - implement one for yourself - once a month dump your cheap burner phone and prepaid sim card.
      get another one. and new sim.
      This way you have nothing to hide. :-P

      AC from obvious reasons.

    47. Re: Duress print by Archangel+Michael · · Score: 1

      They cannot compel you to give up a Passcode. They can compel you to give up your fingerprint. The Government wants people to encrypt their phones with Fingerprints. And if you can connect the dots along that line, it makes perfect sense that the government wants you to use your finger, not a passcode.

      Therefore, use a Passcode. Do Not Use your fingerprint, if you're concerned at all about government getting into your phone.

      And I would really love to see a panic button version of the Passcode, where if you enter that code it locks the phone permanently.

      And if you're a criminal, use multiple phones, with multiple accounts and never re-use accounts. And if you plan your crime correctly, you'll have deleted the most relevant account(s) before doing the crime, so the authorities don't have access to anything on any device(destroyed).

      The problem is, criminals tend to be kind of dumb, and/or poor and cannot do crimes correctly. If they could, they would be legitimate criminals in Politics or Corporate America ;)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    48. Re: Duress print by Archangel+Michael · · Score: 1

      The courts have ruled that a fingerprint is not compelling to testify against yourself, especially if a warrant is given. However, they have also ruled that a passcode IS testifying against yourself. Which is entirely the reason why the government wants you to use your fingerprint, and not a passcode.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    49. Re: Duress print by davester666 · · Score: 1

      Not anymore, as the gov't has decided the All Writs Act means they can force you to help them by entering your passcode and/or decryption password. He's been in jail 7 months and counting...

      arstechnica.com/tech-policy/2016/04/child-porn-suspect-jailed-for-7-months-for-refusing-to-decrypt-hard-drives/

      I presume the next logical step for this misuse of the law would be to present an All Writs warrant to a suspect demanding that he/she help the gov't solve a crime by writing a detailed confession describing how they committed the crime.

      --
      Sleep your way to a whiter smile...date a dentist!
    50. Re: Duress print by Anonymous Coward · · Score: 0

      Wrong.
      You need to prove someone is guilty of an actual crime. You can just assume they're guilty then assume something they did was related to that crime.
      Fucking PROVE it.

      Really. Tell that to all the people locked up without ever being charged with a crime, in some cases for years...

      What alternate-universe version of the United States of Amerika do YOU live in? One where the criminal justice system isn't a euphemistically-named joke? Because the rest of us (Americans) live in the REAL one, and what you said would be LOVELY if it were how this place worked, but sadly, that isn't the case.

      Or are you fortunate enough to live in a country, (in the real universe,) where the rule of law is actually respected, and not just paid lip-service to when it's convenient for the oligarchy, because it's necessary to maintain the illusion of governance with the consent of the governed, as it is in the aforementioned failed, former republic? ... and if you are, is there room for refugees from failed states, and what are the requirements for moving there? Please answer BEFORE November; I don't want to have to wait in-line behind the millions of others fleeing Amerika when it officially makes it known that in January 2017, two more Ks will be added to the name, making it the United States of Amerikkka, when that braying jackass Drumpf gets installed as Supreme Dictator for Life.

      Incidentally, if Democrat In Name Only Hillary Clinton gets crowned Empress of Amerika, I may still need the above requested information.

    51. Re: Duress print by russotto · · Score: 1

      There's a simple one-question easy test for checking if rules-lawyering works in a real court:

      When you do it in a real court, it's not "rules-lawyering", it's just "lawyering".

    52. Re: Duress print by Altus · · Score: 1

      So the iPhone falls back to passcode if it has been powered off or if a fixed amount of time has passed locked. Seems to me that would be good enough if you could just adjust the amount of time. How long does it take to get a court order to compel me to unlock my phone?

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    53. Re: Duress print by arth1 · · Score: 1

      The courts have ruled that a fingerprint is not compelling to testify against yourself, especially if a warrant is given. However, they have also ruled that a passcode IS testifying against yourself. Which is entirely the reason why the government wants you to use your fingerprint, and not a passcode.

      On the other hand, which finger, and in which direction, are things that are inside your head, and thus presumably protected by the fifth amendment.

    54. Re: Duress print by Cinnamon+Beige · · Score: 1

      But if all they have against you is locked-away in an encrypted phone, that means that unless they get you to decrypt it, they can't even charge you with anything, since "he wouldn't decrypt his phone" isn't an indictable offense.

      Number one, if all they had on you was a locked-up, encrypted phone then it would be mighty hard for them to get a warrant, now wouldn't it?

      Number two, the OP isn't talking about not decrypting the phone, he's talking about wiping the phone. Not decrypting the phone is really smart as long as you can avoid doing so without violating a valid court order. But regardless of the evidence they use to get the order, they can fairly easily prove your newly wiped phone does not match up to the data your provider gave them, which is a five-year felony in the Federal system.

      Not only that, but while SCOTUS hasn't ruled on court-ordered decryption by you of evidence against you directly yet, from the decisions on closely-aligned cases it seems safe to expect them to rule that they got to hire somebody else to do it if they want to use a court order.

    55. Re: Duress print by Archangel+Michael · · Score: 1
      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    56. Re: Duress print by davester666 · · Score: 1

      thanks, not how slashdot.com got prepended to the url, as I just copied/pasted from another tab...

      --
      Sleep your way to a whiter smile...date a dentist!
    57. Re: Duress print by Archangel+Michael · · Score: 1

      He is being held in "Contempt of Court". They still can't force him to divulge the information, but are trying coercive tactics.

      That being said, If I were him, I would never divulge the passcode, even if there is no porn on the drives. Right now, all they have is a single person's testimony that "I saw kiddie porn", and every other search as come up empty.

      To me, it sounds like he as a great case of false imprisonment, and a civil trial against the judge. But IANAL, however, a single judge should NOT have the authority to hold someone in contempt indefinitely, and without review. And seven months is too long to not have a review by independent panel of jurists (or even a jury)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    58. Re: Duress print by Anonymous Coward · · Score: 0

      $2250/song downloaded versus petty theft for an item under $50 (a CD with multiple songs) is a $250 fine in California.

    59. Re: Duress print by davester666 · · Score: 1

      The judge has immunity, so he has nobody to sue [as the police/prosecutor haven't charged him with anything or jailed him prior to him being found in contempt]. And it is my understanding that it is extremely difficult to get another judge, even from a higher court, to overturn a contempt of court finding, so he is screwed.

      And for all intents and purposes, he is being forced. If he had a regular job, that would be gone, same with an apartment and any possessions there [can't exactly pay rent/utilities from jail, indefinitely, with no source of income]. And of course now his name is associated with child pornography, an excellent scarlet letter, and being in jail this long without decoding it, most people will just assume he's guilty.

      It's just a tiny little step to go from this to "confess or be jailed indefinitely".

      --
      Sleep your way to a whiter smile...date a dentist!
    60. Re: Duress print by omnichad · · Score: 1

      Which is why a fingerprint makes a terrible password, as I've already stated elsewhere in the comments.

    61. Re:Duress print by Anonymous Coward · · Score: 0

      Mafia wants your finger. Period.

    62. Re: Duress print by elgaard · · Score: 1

      IANAL, but setting up such a system could not be illegal. At the time you set it up, you cannot know who will be forcing you to unlock. It could be a member of an Armenian gang.

      What happens when you are required to unlock is less clear, IMHO.

      ==
      “Unlike disclosing passcodes, you are not compelled to speak or say what’s ‘in your mind’ to law enforcement,” Gidari said. “ ‘Put your finger here’ is not testimonial or self-incriminating.”
      ==

      But are you required to warn them about "bad" fingers?
      And you might not have told you girlfriend which of her finger, will start the self-destruct.

      And even if you are required to warn them, if you _do_ believe that your rights are being violated, now they have to prosecute you, and you can argue they had no right in the first place.

    63. Re: Duress print by LinuxLuver · · Score: 1

      "Beyond reasonable doubt" is gradually being eroded. There are crimes where you're guilty until proven innocent. If the police find kiddy porn in your house, in many jurisdictions you have to prove you didn't put it there and that you don't own it. Or you're toast.

      --
      Only boring people are ever bored.
    64. Re: Duress print by davester666 · · Score: 1

      with today's "dial a warrant" setup, you would wind up spending most of your time entering the passcode because it timed out...

      --
      Sleep your way to a whiter smile...date a dentist!
  4. Fingerprinting is new? by omnichad · · Score: 0

    Since when was it uncommon for someone allegedly involved (directly or otherwise) to be fingerprinted? So they made someone do it to a phone instead of an ink pad this time. What's the task difference here?

    1. Re:Fingerprinting is new? by Calydor · · Score: 2

      There is no difference in the task - but it used to be you got put in the police archive for easy identification, NOT that you gave up all your personal files to the police.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    2. Re:Fingerprinting is new? by novastar123 · · Score: 1

      Since when was it uncommon for someone allegedly involved (directly or otherwise) to be fingerprinted? So they made someone do it to a phone instead of an ink pad this time. What's the task difference here?

      Here's the thing.

      Say you're wanted for organized crime or terrorism charges. The cops get enough evidence to get an arrest warrant for you, and a search warrant for your properties.
      When they arrest you, you get fingerprinted. During your arrest, per the terms of their search warrant, they confiscate every electronic device in your house.

      You weren't alone when they arrested you though. Your live in girlfriend Tina was there, as was your buddy Mike, and a friend of his, Chico.
      During your arrest, those three will most likely be searched for weapons, cuffed, have their names/ids ran, but this is not being arrested. This is temporary detainment pursuant to the execution of a search/arrest warrant. This won't show up on their criminal record. They won't be fingerprinted or interrogated. Once its determined that they do not have any weapons on them, or anything illegal found while searching for weapons, and don't have any arrest warrants, they will be let go. They'll let Tina grab her purse, after checking it for weapons, just like they'd let mike and chico grab their wallets had they left them laying somewhere, and things like clothing, jackets, shoes, etc. But nothing else.

      The problem is, Tinas nice new iPhone 6 is sitting on the kitchen counter charging. It wasn't in her pocket or purse when they came in, so its confiscated pursuant to the search order.

      Now, the police have your fingerprints, as you've been arrested, booked, and charged with a crime. The problem is, your fingerprints dont unlock Tinas phone. They wont just turn the phone over to Tina. It might have incriminating evidence on it. But Tina was never arrested or booked, so they do not have her fingerprints on file, so can not try to fool the phone with a copy of her fingerprints.

      That's the difference here.

    3. Re:Fingerprinting is new? by Antique+Geekmeister · · Score: 3, Informative

      And the police fingerprints are still good enough to be used to defeat the best fingerprint scanners. There's been no noticeable improvement in the technology since the paper on defeating it was published in 2002.

                      https://cryptome.org/gummy.htm

      The crack was confirmed by MythBusters in 2011.

                      https://www.youtube.com/watch?...

      There has been no basic change in the technology. Fingerprint scanners are still trivially beaten.

    4. Re:Fingerprinting is new? by Anonymous Coward · · Score: 0

      >There has been no basic change in the technology. Fingerprint scanners are still trivially beaten.

      Not until the FBI pays a security consultant $1 million to do it.

    5. Re:Fingerprinting is new? by AK+Marc · · Score: 1

      So they can just seize it under the liberal seizure laws and keep it forever. If you want it back, you do what they say. Otherwise, they can hold it forever.

    6. Re:Fingerprinting is new? by omnichad · · Score: 3, Insightful

      Sounds like a mistake to use your fingerprint as a password in that case, then. Not law enforcement's fault.

    7. Re:Fingerprinting is new? by omnichad · · Score: 1

      That's OK. The girlfriend had her phone in a case, and the case has her fingerprints on it (and that's assuming the phone has an anti-fingerprint coating on all of it and not just the glass).

    8. Re:Fingerprinting is new? by JoeMerchant · · Score: 1

      The girlfriend wasn't accused of any crime, but they needed her fingerprint to access the data? That seems different from booking fingerprints.

      Note: many professional licenses require fingerprints on file (Florida Real Estate agents, for one - and that covers about 15% of the population here at last census), will the police need a court order to release the fingerprints on file or can they just access them at will in the course of fishing expeditions?

    9. Re:Fingerprinting is new? by rsborg · · Score: 1

      But Tina was never arrested or booked, so they do not have her fingerprints on file, so can not try to fool the phone with a copy of her fingerprints.

      That's the difference here.

      Has it been proven that your fingerprints on file are adequate for the police to break into your phone? The CCC hack required a very very detailed process and a really good print.

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    10. Re:Fingerprinting is new? by FrankSchwab · · Score: 1

      Really?

      So, I issue a personal challenge. I will pay you $500, in cash, if you build me a fingerprint spoof made from a latent print that will break into a 2013-2015 HP Enterprise laptop. As part of the deal, I will require that you log the hours you spent, the money you spent, and all the attempts you made, to fulfill this requirement.

      If your knowledge of this area is gained from Mythbusters, you are sadly behind the curve. I will admit, however, that the fact that I have to call out a specific class of machines from a specific manufacturer to issue a challenge is a sad statement on the state of affairs of fingerprint anti-spoof technology.

      Let me know if you wish to take me up on this offer.

      --
      And the worms ate into his brain.
    11. Re: Fingerprinting is new? by Anonymous Coward · · Score: 0

      The right not to incriminate yourself.

    12. Re:Fingerprinting is new? by Antique+Geekmeister · · Score: 2

      I don't know where you are, nor have hands-on access. MythBusters reprised the 2002 paper: Feel free to repeat the experiment, yourself, with a scanner, a printer, and a permanent marker to print the expanded scan, correct broken lines with a fine marker, then reduce the scan. And yes, I've done this about 3 years ago, at a data center with a laser printed paper fingerprint, moistened, on my own fingerprint. I'm not sure which model it was, but it was a useful proof of concept. The claims of "this is a 3D scanner and therefore cannot be fooled" seem to be complete nonsense.

    13. Re:Fingerprinting is new? by omnichad · · Score: 1

      Printing with raised ink (or laser-compatible goldleaf type material) and folding it into a curve would defeat slightly more sophisticated hardware.

    14. Re:Fingerprinting is new? by david_thornley · · Score: 1

      Having read that twice, I'm not sure what you're asking.

      The police can probably hang on to Tina's phone indefinitely, sure. They could physically compel Tina's fingerprint at the time of the raid, but I really doubt that could get Tina convicted. However, they can probably determine that it's Tina's phone, and I don't know what happens then. Even if you know the PIN, you can't be compelled to reveal or use it, since that could be self-incrimination. (Revealing the contents of the phone is not considered self-incrimination. Revealing that you can access it is potentially self-incrimination.)

      So the police have an iPhone in the evidence room that they can't read. This can't be unusual.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:Fingerprinting is new? by FrankSchwab · · Score: 1

      Matsumoto's paper has been on my hard drive for five years now. You seem to be under the mistaken impression that "all fingerprint sensors are the same".

      I've built fingerprint spoofs from gelatin, graphite coated gelatin, wood glue, laser printers, silicone rubber, etc. I've collected latent prints for this work, as well as cooperative prints ("Is it OK if I pour this liquid silicone over your finger to collect your print?") I've done statistically significant measurements of the likelihood of success of breaking into systems with those spoofs. I can truthfully say that I know a great deal more about this than you.

      I've given a specific set of hardware, and a specific incentive, for you to back up your claims. Note that I don't claim that ALL fingerprint sensors are difficult to break into - I could give you a list of the easiest ones. In that regard, you are correct. However, there are some manufacturers (of both fingerprint sensors and laptops) who do care about security, and shouldn't be painted with the same sloppy brush.

      --
      And the worms ate into his brain.
    16. Re:Fingerprinting is new? by cyberchondriac · · Score: 1

      I wondered if they could just use her fingerprint without her even being present.
      Good thing iPhones aren't up to using retinal scanners yet. Then again, an eye for an eye, I guess...

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    17. Re:Fingerprinting is new? by rahvin112 · · Score: 1

      A Fingerprint should never ever be used for passwords, along with every other biometric. You should only use biometrics for the login identity, not the password. Biometrics are far too easy to lift or duplicate.

    18. Re:Fingerprinting is new? by Calydor · · Score: 1

      You mean an eye for an i.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    19. Re:Fingerprinting is new? by Anonymous Coward · · Score: 0

      I could give you a list of the easiest ones

      Could you give us a list of the easiest ones? :)

    20. Re:Fingerprinting is new? by Antique+Geekmeister · · Score: 1

      And point out what you found makes one scanner superior to the other?

  5. Smell it! by jtownatpunk.net · · Score: 1

    Smell my finger! Now pull it. Wouldn't matter anyway. My phone demands a password every XX hours no matter what.

  6. How far can the (US) government go? by ClickOnThis · · Score: 1

    I would assume not so far as to deny someone's 5th-amendment privilege to decline to self-incriminate. But IANAL.

    --
    If it weren't for deadlines, nothing would be late.
    1. Re:How far can the (US) government go? by Anonymous Coward · · Score: 5, Informative

      I think you have a bit of a misinterpretation of the fifth amendment.

      The explicit text related to self-incrimination is:

      "...nor shall be compelled in any criminal case to be a witness against himself; ..."

      which is generally interpreted as:

      "The Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may 'plead the Fifth' and not answer if the witness believes answering the question may be self-incriminatory."

      So, the fifth amendment specifically applies to testimony.

      So while you can't be compelled to provide authorities with your decryption key for instance, we have recently seen here that you can be ordered to perform the decryption itself and be held in contempt of court for not doing so.

    2. Re:How far can the (US) government go? by Anonymous Coward · · Score: 0

      Please upvote. IAL (and post AC as such), and I was just about to post the same thing. Non-testimonial information does not fall under the 5th amendment privilege.

    3. Re:How far can the (US) government go? by ClickOnThis · · Score: 1

      Thanks to both ACs for the clarifications. Obviously I confused evidence with testimony.

      --
      If it weren't for deadlines, nothing would be late.
    4. Re:How far can the (US) government go? by NicBenjamin · · Score: 1

      Nope. The Fifth Amendment applies to shit you say, not shit you are:

      nor shall be compelled in any criminal case to be a witness against himself

      You can refuse to turn over passwords all you want, and they can't make you. But your finger? They need to get the proper papers filed with the Courts, but they can borrow that for five minutes.

      You could argue that the finger is something testimony like, but the rules lawyers that actually run the legal system have centuries of tradition defining "witness" as being "testimonial" in nature, which means that if the info you're divulging is any place but your own mind it doesn't apply.

    5. Re:How far can the (US) government go? by borgasm · · Score: 2

      What if you made the passphrase answer a statement that you were guilty of doing something? Then, since you can't be forced to testify against yourself, you can't divulge the passphrase since it is itself self-incriminatory.

      I should have gone to law school.

    6. Re:How far can the (US) government go? by pellik · · Score: 1

      So while you can't be compelled to provide authorities with your decryption key for instance, we have recently seen here [slashdot.org] that you can be ordered to perform the decryption itself and be held in contempt of court for not doing so.

    7. Re:How far can the (US) government go? by pellik · · Score: 2

      This case is so insidious that I really hope it gets more traction on slashdot or other media sites.
      The slashdot summary didn't do it justice, either. The court is holding someone who claims to have forgotten his password indefinitely until such a time that he produces his password.
      If the police search your house, and deep in your basement find a computer hard drive from 6 years ago that you've completely forgotten about, and have no recollection of the passphrase to unlock, do you deserve indefinite detention?

    8. Re:How far can the (US) government go? by MitchDev · · Score: 1

      According to the US Gestapo, I mean, government, yes

    9. Re:How far can the (US) government go? by Anonymous Coward · · Score: 0

      > So while you can't be compelled to provide authorities with your decryption key for instance, we have recently seen here [slashdot.org] that you can be ordered to perform the decryption itself and be held in contempt of court for not doing so.

      There are two fundamental problems with this.

      - The first, is as you said, is that the fifth amendment guarantees that you can't be compelled to be a witness against yourself. The PROBLEM is that if the court ASKS you "is this your computer", or "are you capable of decrypting the contents of this computer", you can always plead the fifth to those kind of questions if you believe the answer would incriminate you. If they COMPEL you to decrypt the drive under penalty of contempt, then they automatically have that answer! They know that you, at some point in time, had the knowledge of the decryption key, and therefore likely also control of the computer in question. Anything they find on it then, will likely be inferred to belong to you.

      - What happens if you legitimately can't decrypt a drive. Is that an automatic life sentence in the form of indefinite detention for contempt? I mean there's no possible way this could be abused to deprive people of their sixth amendment rights to a fair and speedy trial, right?

    10. Re:How far can the (US) government go? by Ihlosi · · Score: 2
      What happens if you legitimately can't decrypt a drive.

      Claim that you used OTP encryption, ask for a copy of the encrypted data, generate a key that will decrypt the encrypted data, verifiably and reproducibly, to any plaintext you chose.

    11. Re:How far can the (US) government go? by david_thornley · · Score: 1

      Clarification: you cannot be compelled to admit you can decrypt a device, in cases where that would be significant. If the police have a device that might have been involved in something illegal, and they can't definitely tie it to you, then admitting you have access to the device is potentially incriminating, and decrypting it proves that you probably had access. That's against the Fifth.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. Multi Layered Logins by EEPROMS · · Score: 2

    If this starts happening people will just use a multi layer logins ie a sequence of fingers prints instead of just one or a fingerprint and a pass sequence. Also regarding terrorists, they just use burner phones for no more than a day or two now and use cryptic key words that mean nothing to your average key word search engine.

    1. Re:Multi Layered Logins by m0hawk · · Score: 3, Interesting

      Or just using a long password held only in the brain. A lot less complicated than multiple layers of security, works right now and is "safe enough" for most people.

      For example, a police officer that doesn't respect your rights and asks to see the device contents without a warrant, because you were filming or were using your device in a manner they didn't like.

      One drawback is the time it takes entering a long password when you need your device quickly or need to check it often.Although, Android does have a feature so you can set 'safe areas' where your password will not be needed once the device is unlocked once.

      I have work and home set as places where I only have to enter the password about once or twice per day, no matter how many times I check the device.

      If somebody stole my phone it will automatically lock once they leave WiFi range of home or work.

      A good trade off between security and ease of use imo.

    2. Re:Multi Layered Logins by Anonymous Coward · · Score: 0

      In the same vein, what about brain wave scans? Supposedly, everyone has a unique one, and I don't expect it will be long before reading them is at least as good as fingerprint recognition.

      The only disadvantage is the same as every biometric, however.... if it the security of your biometric data is compromised, you have no ability to mitigate damages to yourself by changing the information as you might with a password.

      Still, barring such compromise, it's about as secure as you can get... even in the presence of any laws which might compel a person to divulge their password to law enforcement, because could any law ever exist requiring people to *think* a certain way?

    3. Re:Multi Layered Logins by AmiMoJo · · Score: 2

      Current phones have already solved this problem. Can you set both Android and iOS to require a password/PIN after a certain amount of time, rather than just a fingerprint. You should set it to something short so that the police don't have time to get a warrant.

      Android also has a number of Dead Man's Switch apps, which will automatically wipe the phone after a certain period of inactivity. How this affects you legally depends on the jurisdiction I guess. Is failure to act to prevent the destruction of evidence a crime where you live?

      --
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  8. Public Service Announcement by slashmydots · · Score: 1

    This is a PSA completely unrelated to the article and for educational purposes only.
    You can painlessley sand off your fingerprints in about 3 minutes. What are they going to do if you literally do not have fingerprints? Okay so you can't unlock your phone normally either then anyway but I think Slashdot people are smart enough to not use pathetic attempts at biometrics.

    1. Re: Public Service Announcement by Anonymous Coward · · Score: 0

      Then you'll be detained until they grow back. If that's never, then you are detained forever. Great plan.

    2. Re:Public Service Announcement by ShooterNeo · · Score: 1

      The government can just wait for your prints to regrow (while you are held in custody)

      If the pattern is still there, just sanded, they could take high resolution photos of your fingers and extract the pattern using software. Or use prints they took from you previously.

      They can then make a finger simulator from your print information, enough to trick the sensor on the iphone.

      Also, if your prints are sanded, how are you unlocking the phone normally...

      Sanding your prints in response to a warrant is obviously obstruction of justice/contempt of court.

      If you really have secret data, you should protect it behind a complex password, held only in your memory. Though I guess they can jail you til you give that up...

    3. Re:Public Service Announcement by Anonymous Coward · · Score: 0

      After the third incorrect password attempt, an automatic text gets sent authorizing a hit contract on the entire family of the judge. They won't be so quick to try to obtain your personal data then.

    4. Re:Public Service Announcement by Anonymous Coward · · Score: 0

      You watch too much TV, kid.

    5. Re: Public Service Announcement by fred911 · · Score: 1

      All that is needed is 48 hours following the last login before the OS requires a passkey.

        That's actually a good solution.

      --
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    6. Re: Public Service Announcement by Anonymous Coward · · Score: 0

      Get diabetes 2 finger prints none. I can not use fingerprint reader on iPhone or bio check to get into our noc.

      But this already been passed in Virginia I believe. Your finger prints are facts like dna They are not testifying against yourself. They are indie tidy you period. Never use the finger print readers.

    7. Re:Public Service Announcement by dgatwood · · Score: 5, Interesting

      The government can just wait for your prints to regrow (while you are held in custody)

      That approach won't work. The device won't take fingerprints after 48 hours. In fact, if the person simply refuses to submit to use of their fingers to unlock the device, they might get held in contempt, but after 48 hours, they can submit to the use of their fingers, and they're no longer in contempt, but it won't be of any value to the government.

      --

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    8. Re:Public Service Announcement by Anonymous Coward · · Score: 0

      Since the point of fingerprints anyway, is to increase, exponentially, the surface-area and thereby your ability to pick shit up, and hold onto it, sanding them off will enhance the security of your device by causing you to drop and break it when you try to pick it up when it rings, with your sanded-smooth fingers.

      But while you're in jail (or prison or whatever,) for contempt of court or obstruction of justice, or interfering with an investigation, tampering with or destroying evidence, or whatever they ultimately charge you with, you get an additional couple of benefits, like that you'll be known as Smoothy, for your fingers being sanded smooth, and you'll be able to make your prison boyfriend cum quicker jerking him off with your smooth fingers! Also, if he lets you/wants you to, you can also more easily slip a sanded finger into his ass, and more easily massage his prostate gland, so that when he comes in your mouth, you get the full volume of his balls, PLUS that gland, so you really KNOW your mouth has been ejaculated into. If you also sand your tongue, while you're sanding your fingerprints off, you can make your mouth TRULY pussy-like, which will make him even happier.

      Or you can just... NOT sand off your fingerprints, which is a stupid fucking thing to do. Why not just... NOT USE the fingerprint sensor?

      What I wonder is, if you tell the pigs that you don't use your fingerprint sensor, because you really, truly, actually DON'T, what happens if they don't believe you? You say, "you can't force me to divulge my phone-unlock pin or code," and they say, "but we can demand your fingerprint, and if your fingerprints don't unlock it, we're going to treat the situation as if you are deliberately holding your finger in such a way as to be unable to unlock it, or using a duress print, to lock out all other fingerprints, and jail you until you unlock the device?"

  9. What's the big deal? by __aaclcg7560 · · Score: 1

    If you're government worker, you need to turn in your fingerprints every year anyway. I'm not sure if the government has the capability to pull my fingerprint records and be able to spoof the fingerprint sensor on my iPhone. Not that I have anything sensitive on iPhone.

  10. OPM already released mine. by birukun · · Score: 1

    So I guess I am screwed. But there is hope for everyone else.

    Ugh.

    --
    Self Defense - A Human Right www.a-human-right.com
    1. Re:OPM already released mine. by Anonymous Coward · · Score: 0

      me too

  11. You've been warned: biometrics might not be secure by slimjim8094 · · Score: 4, Interesting

    See this Slashdot article from October 2014: Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone. And that's not the first.

    (IANAL.) The idea is that forcing you to reveal something you know (passcode, etc) is testifying and thus could be self-incrimination and not constitutional, but that forcing you to provide something about yourself is totally kosher. The analogy is being compelled to give up a key or DNA vs a safe combination - the former is searchable, the latter is not. Fingerprints are routinely taken upon arrest, even if the person is released without charges. Physical descriptions or stuff on/about you is not testifying. The argument to make here is a fourth amendment one about being "secure in ones papers" - but they have a warrant so that doesn't do any good anyway.

    What it comes down to is the fifth amendment is a very important, but very circumscribed, right - not a get out of jail free card. Which shouldn't have been a surprise, really, otherwise the police would never be able to prosecute much of anything.

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  12. No problem here... by FrankSchwab · · Score: 2

    They got a warrant. None of my other "persons, houses, papers, and effects" are secure against a warrant, so why should my phone be?

    You may not think that there are other situations where the State could require my cooperation to investigate my alleged crimes, and yet those situations exist commonly. Fingerprints or DNA, for example, are coerced confessions from my body to be used by the state against me - and there's a long history (sometimes sordid) of their acceptance and use. They are coerced cooperation - try not giving fingerprints or DNA and see how far you get.

    The only significant issue I see is that the coerced cooperation required to open my phone, opens a huge window into my private business that doesn't have much of a parallel pre-cellphone. But that isn't much different than a search warrant for my house - the warrant must be specific, but that doesn't mean that the police who search my house won't investigate every document, container, and closet that may (or may not) be covered by the warrant.

    --
    And the worms ate into his brain.
    1. Re:No problem here... by NicBenjamin · · Score: 1

      People say that they've got more info on their cell then they would have in their House, but I really don't see that.

      There's some areas that's true, but much of that is stuff they can get from Cell towers anyway. The rest tends to be app data -- Tinder/Grindr/type-apps could be quite revealing, but Candy Crush ain't. And there's stuff in your house that nobody could figure out from your mobile.

      For example, do you share a bed with your wife? Are there tampon cartridges in the trash, and how fresh are they? What kind of food is in the pantry? If you have a genealogy file it probably includes incredibly detailed personal information on your entire family, and none of it is in your phone. You probably have paper records of all your brokerage accounts in your house, as well as tax records, including shit you don't send the IRS (ie: they only ask for copies of your receipts during an audit).

      Pretty much the only thing they get from the phone they wouldn't get from the House/cell tower data/etc. is a) a check that the House/towers/etc. is the actual content of your texts. And that App data, but they can generally get a lot of that from the people who make the app.

  13. Good old BB's by no-body · · Score: 1

    don't remember password, type wrong 3 times (adjustable) - oh, sorry, device wipes... have to be quick though with typing...
    No finger print sensing BS.

  14. How far according to history. by Dunbal · · Score: 2

    How far can the government go to obtain biometric markers such as fingerprints and hair?

    They can go as far as just taking you around the back of the courthouse and shooting you. Of course those governments don't tend to be popular, but it happens. It all depends how much power the people give the government, until a critical mass is reached where the government no longer needs the people and can just give itself power. Guess which phase the US is in today.

    --
    Seven puppies were harmed during the making of this post.
  15. What you HAVE is not as protected as what you KNOW by wallsg · · Score: 1

    The government can compel you to give over certain things that you posses, and the use of fingerprints is so old that there is no question that they can do with that pretty much what they want.

    What is protected is your right not to give testimony against yourself. A password is covered. A fingerprint is not. Facial recognition would not be covered either. Remember that before using those whiz-bang new features.

  16. The new rubber hose by Anonymous Coward · · Score: 1

    Law enforcement is always so much easier when you can force suspects to "confess". Only now, instead of beating people with a rubber hose, they can force someone's finger onto a part of a screen. Once the phone is open they can "find evidence" of whatever crime they want to accuse you of. After all, the FBI crime labs are routinely caught falsifying/manufacturing evidence in order to get convictions against people they don't like.

  17. Re:You've been warned: biometrics might not be sec by Anonymous Coward · · Score: 0

    "Might" not be? You can't replace your fingerprint, meaning it's up for grabs to the least secured database it happens to be on and once it's out it's not secure anymore.

    Fingerprints and other non replaceable biometrics as a substitute for a password is insecure and always will be. Convenience it may be but obviously don't use it for anything actually important.

  18. This is clearly overreach ... by CaptainDork · · Score: 1

    ... because the "key," analogy fails.

    When police knock on our door with a warrant, the warrant specifies what they are looking for.

    Recall the example of overreach in the case where an individual is suspected of stealing a TV and LEO looks in desk drawers and cubbyholes.

    Officers are not allowed to toss your house, looking for a TV.

    A smart device contains information that is private to other, unknown, persons .

    I may have photos of you. I may have emails from you. I may have text messages from you, and I may have your phone number.

    Hell, I could have a list of passwords to all my banking stuff on there.

    --

    Citizens should have a place to store shit without LEO getting its fucking hands on it.

    If it's not a smart device, then where is it?

    --
    It little behooves the best of us to comment on the rest of us.
    1. Re:This is clearly overreach ... by Anonymous Coward · · Score: 0

      If it's not a smart device, then where is it?

      The brain, provided that the owner is smart. Your mileage may vary.

    2. Re:This is clearly overreach ... by NicBenjamin · · Score: 1

      Citizens should have a place to store shit without LEO getting its fucking hands on it.

      If it's not a smart device, then where is it?

      Besides your brain? Under US Law the only place you are allowed to protect information from ignore a valid warrant is your brain. That's the entire point of warrants.

      That a country would try that is what I refer to as an Interesting Constitutional Theory.

      "Interesting" as in it's impossible by definition. Some have lacked the clout to get info they wanted, or the technical skills; but if you set up a government that can't even verify the info it's citizens tell it is true then it's gonna be mighty tricky to enforce the tax code, and without taxes you tend to turn into Ukraine.

  19. How to find an addicted to heroin by Anonymous Coward · · Score: 0

    I want the finger prints of this old fart whom lives in my house, being pressed in a joint if the bastard doesn't remind which magic kit he bought for me the first time we dated with him at the mall.

  20. Not Testimonial by SeattleLawGuy · · Score: 3, Interesting

    Fingerprinting is not new--not only is it required of criminal defendants as a matter of course, but many states take fingerprints for other reasons such as admission to the bar.

    The Fifth Amendment right against self-incrimination does not apply because certain information is not considered "testimonial" in nature. You are not testifying when providing a fingerprint. While this is a slightly different case because the fingerprint is being used to unlock a phone, ultimately they are still not using testimony to unlock the phone--they are using a physical characteristic of an individual. So it will still be considered non-testimonial, and the appeals court that reviews the matter will agree.

    The Fourth Amendment still protects you from a random search of your phone, but there was a warrant in this case.

    --
    Real lawyers write in C++
    1. Re:Not Testimonial by Anonymous Coward · · Score: 1

      OK so I'm surprised I haven't seen any discussion about how the 5th might apply to your fingerprint proving ownership of the device. As a naive, non-lawyer non-USAnian, it would seem to me that having my print unlock a device is tantamount to me proving that I own it (or at least have shared access to it, with all the resulting outcomes - creating and deleting files, etc). It feels like that is equivalent to testifying that the device is mine.

      Now I guess the prosecution might not argue that specific point, but I do wonder how that question has been handled.

    2. Re:Not Testimonial by david_thornley · · Score: 1

      No different from the police finding your fingerprints on the murder weapon. Your fingerprints tie you to the phone (if they can demonstrate you can unlock it with your fingerprint) and to the murder weapon. You can't be compelled to admit you know the PIN of a phone that's not definitely yours (and US court decisions have been divided in the case that the phone's definitely yours), since that would be self-incrimination.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  21. Re:You've been warned: biometrics might not be sec by Anonymous Coward · · Score: 1

    Biometrics can be used safely to identify you, not to authorize you.

    Small but important difference.

  22. A photograph of the finger could be enough by cpghost · · Score: 1

    Why go all the trouble to get a warrant etc, when reading out publicly available hi-res photographs from surveillance cameras showing the finger of the target would be more than enough to print a fine replica of the fingerprint on a 3D printer, to be applied / pressed on the fingerprint sensor by some FBI agent at a later time? C'mon, image data processing has come a long way to read your fingerprints from most photos with a decent enough lighting and resolution. Transferring that to the sensor is trivial from here.

    --
    cpghost at Cordula's Web.
    1. Re:A photograph of the finger could be enough by NicBenjamin · · Score: 1

      From a law enforcement point of view a warrant is pretty much free.

      The cop tells a Judge "I need that warrant," if the cop has probable cause to search the limited area he is asking for the Judge is duty-bound to grant the warrant. Since the Judicial branch is not part of the cop's budget you have to figure a half-hour of a low-0ranking FBI Agent's time.

      The shit you're talking about would require a really good photographer, a stake-out, and a lot of time to get precisely the right angle.

  23. Re:You've been warned: biometrics might not be sec by Anonymous Coward · · Score: 1

    Convenience it may be but obviously don't use it for anything actually important.

    But you should totally use Apple pay and connect your bank accounts and credit cards to that phone. What could possibly go wrong?

  24. Good to know by slashrio · · Score: 1

    By the time they have convinced me to press my finger to the fingerprint sensor of my phone, they will find a nicely encrypted storage.

    --
    "Trump!!", the new Godwin.
    1. Re:Good to know by Jason+Levine · · Score: 1

      Who says they'll "try to convince" you to unlock your phone with your fingerprint? Why not instead obtain your fingerprint from the dozen places you've left it (including possibly on your phone itself)? Once they have your fingerprint, it should be relatively easy to use it to fool the fingerprint sensor into thinking you've pressed your finger on it to unlock the phone.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Good to know by Anonymous Coward · · Score: 0

      I think at this point they've already decided your life had to be over; either they find something or they now have access to add whatever they want to then 'find'.

      You may as well use the fingerprint sensor to detonate the phone like it was a laptop battery, saving you the years of jail and possibly taking out the crooks who forced you with it.

    3. Re:Good to know by slashrio · · Score: 1

      Yes, and then they'll find a content that still is encrypted and password protected.
      And if the judge puts me 7 months in prison for 'contempt' I guaranteedly will absolutely have forgotten the password when I contact them that I would like to help them decrypt the phone, but that unfortunately I have forgotten the password.

      --
      "Trump!!", the new Godwin.
  25. How does fingerprinting even make anything secure? by Anonymous Coward · · Score: 1

    Since you cannot rely on each scan being exactly identical to the previous one, can you even use it to encrypt anything?
    How is this check done in hardware? Would it be possible to simply override the hardware and send the "these fingerprints match" signal?

  26. just this by JustNiz · · Score: 1

    seems like a good reason to use some other form of unlock than fingerpirnts

  27. as far as they want by Anonymous Coward · · Score: 0

    because you pussies will let them.

  28. Iris by johnsmithperson123 · · Score: 1

    Honestly, fingerprint dusting is so easy that I'm surprised it's so supposedly "secure". I mean, the phone is covered with fingerprints. Dust for them and construct fakes and voila, there's your phone. Which is why we should all push for Iris scanners on our phones instead.

    1. Re:Iris by FrankSchwab · · Score: 1

      Ever tried it?

      If you watch the CCC video of breaking into the iPhone, you'll notice a pristine front cover glass, with a very carefully placed fingerprint. And they're experts at this.

      Give it a try sometime. It's quite educational.

      --
      And the worms ate into his brain.
    2. Re:Iris by Anonymous Coward · · Score: 0

      I'm not looking forward to having my eyes gouged out just because some asshole decided he wants to assets-forfeiture my iphone 8 for xmas.

  29. Re:You've been warned: biometrics might not be sec by Jason+Levine · · Score: 4, Insightful

    Fingerprints are routinely taken upon arrest, even if the person is released without charges.

    I've always wondered why people would think that fingerprints are a highly secured method of authentication. You leave the things around everywhere you go and you can't change them if they are compromised. Imagine if you dropped little strips of paper with your password (that could never be changed) written on it everywhere you went. How long would your "highly secured" password last if someone decided they wanted into your account? Especially if that person was the government?

    Heck, if the government has your phone, chances are they have your fingerprint on your phone (or have access to somewhere you've been that you've left your fingerprints). Even if they don't have you in custody (and thus didn't fingerprint you), they can use those fingerprints to gain access to your phone.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  30. Been thinking about this... by Rick+Zeman · · Score: 1

    ...since the terrorist phone case and how easy it would be to force someone to unlock a bio-locked phone. What I'd like to see is Apple/whatever Android phones have that level of biometrics to either require a passcode or self-destruct if the wrong registered print is used to try and unlock it.

  31. A bedroom may have a dildo in it, but w/ a warrant by raymorris · · Score: 0

    > the warrant specifies what they are looking for.

    There's no law which prevents them from seeing things they aren't looking for. Yeah, your phone may contain nudie pics. Your house may also contain nudie pics. That doesn't mean police can't get a warrant to search a house, or that such a warrant would be improper, given probable cause.

    Any of the items you mentioned which may be on a phone may also be in a house or a car. With a warrant, properly obtained, authorities can rightfully search a house, car, or phone.

  32. Depends on if they can prove it's yours by raymorris · · Score: 2, Informative

    In at least one well-known case, it was held that a subpoena for the contents of a phone (protected by a password) to be used or provided depends on one factual question. The same question that applies to documents locked in an old-fashioned safe that has a combination.

    If there is a question about whether or not the phone belongs to the defendant, providing the password would be admitting ownership. That would be testimony, which is protected by the 5th.

    On the other hand, if the defendant admits it's his phone (or safe) , they have no 5th amendment right to interfere with a lawful subpoena just because unlocking the documents requires a combination that they know in their head, rather than one they wrote down.

  33. Note to self: by Anonymous Coward · · Score: 0

    Note to self,

    If I ever want to secure my phone and it's privacy, do not use the fingerprint. Only use a pin code.

    And if I am using android, attempt to find a 3rd party software to securely communicate and store information as that functionality is not yet built into the device yet.

    Unfortunately the government is unwilling to do their jobs in this regard so we must secure it even from them.

    1. Re:Note to self: by Todd+Knarr · · Score: 1

      Better yet, use a password which gives more combinations than a PIN code. As for storing information, Android does include that functionality in the form of device encryption. You have to enable it, but it's certainly there. Communication... S/MIME encryption should already be supported by the email app and doesn't require any intermediate servers to know your key.

      For real-time chat 3rd-party apps are the only solution. I'm still looking for one based around x.509/SSL certificates, though. I don't trust home-baked encryption and none of the apps out there seem to want to discuss the details of what's underneath their promises.

    2. Re:Note to self: by david_thornley · · Score: 1

      A four-digit PIN is pretty good security if the attacker can try only ten combinations before the key is wiped. Even if that option isn't enabled on an iPhone, the lockout delay will make it difficult to brute-force it in any reasonable time. (If I were actually using my iPhone for illicit purposes, I'd have a six-digit PIN and the wipe option enabled.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  34. why keep the trail by bugs2squash · · Score: 1

    Can't an app be made that simply does not store any of this history and evidence on the phone ? It's not as if I can't get information from a distant server when I want it most of the time. The phone could otherwise hold music and other innocuous content.

    --
    Nullius in verba
  35. Re:How does fingerprinting even make anything secu by NicBenjamin · · Score: 1

    Remember this?

    Apple's got a security feature where the phone verifies all components of the fingerprint-security system installed on the thing today are the ones that were installed yesterday since iOS9, much to the chagrin of the poor fuckers who got some part of the system repaired by non-Apple shops prior to iOS9. They fixed that on 9.3, but I doubt hacking the system is actually non-trivial.

    On the other hand, to get a warrant all you need is a) a limited area to search (such as a phone), b) a reason to search it (aka: "probable cause"), and c) a LEO to swear that b) is true to a Judge via "oath or affirmation."

  36. Re:You've been warned: biometrics might not be sec by graymatter1945 · · Score: 1

    For the iPhone power up or 48 hours of lock screen requires a 6 digit passcode not a finger print.

  37. Re: You've been warned: biometrics might not be se by Anonymous Coward · · Score: 0

    And the lesson, kiddies, is never rely on ONLY biometrics to secure anything.

  38. Re:You've been warned: biometrics might not be sec by rsborg · · Score: 1

    For the iPhone power up or 48 hours of lock screen requires a 6 digit passcode not a finger print.

    Or strong alphanumeric password with possibly many many bits of entropy - like mine. Does their TouchID precedent allow for forcing you to produce your password? I thought at least that was protected under the 5th amendment?

    --
    Make sure everyone's vote counts: Verified Voting
  39. Finger prints on the phone by Anonymous Coward · · Score: 0

    Good thing we don't use our fingers to hold the phone. Hold it, we do. As a starting point: https://srlabs.de/spoofing-fingerprints/

    It's almost as bad as leaving the combo for the gun safe lock next on the gun safe.

    1. Re:Finger prints on the phone by Rick+Zeman · · Score: 1

      Good thing we don't use our fingers to hold the phone. Hold it, we do. As a starting point: https://srlabs.de/spoofing-fin...

      It's almost as bad as leaving the combo for the gun safe lock next on the gun safe.

      I leave mine inside it!

  40. What will happen when... by mark-t · · Score: 1

    ... devices can evaluate the state of mind of the person using whatever pass code is required to ordinarily access it, and then failing to allow such access if what would otherwise be the correct pass is provided while under any kind of duress?

  41. Fingerprint readers are a bad idea all around by OpinOnion · · Score: 0

    Other than consumer level gadgets, they just have never been proven to be even remotely secure. It's Hollywood stuff, like facial scanners. I'm not saying you can't improve those to the point they are very secure, but none of the login gadgets are secure or worth it. The most secure is probably the USB keys, but I think nothing beats a strong password in one place.. the users brain. One point of failure, less vectors of attack, simple and proven to be about as good as it gets. These login methods have potential as 2 factor logins with a secondary 2 factor in case the technology fails, like picture/voice/fingerprint with a pin backup, but picture/voice and fingerprint are all easy to beat, so you've just opened a backdoor to your device.. there isn't much point. It's added complexity and added code right where you don't want it - in the authentication process. As insecure as phones already are, they don't need added login backdoors with massive vulnerabilities.

  42. You're doing it wrong by Macdude · · Score: 1

    If your fingerprint does anything more than let you answer a call or rear a text message, you're doing it wrong.

    Fingerprints are not secure, unless you always wear gloves you're leaving the key to unlock your phone on the phone itself.

    --
    "Grab them by the pussy" -- President of the United States of America
  43. 9 to 1 odds of wiping the phone? by denzacar · · Score: 2

    1 finger unlocks the phone, other 9 wipe it.

    Also... Back in my teenage days I once got SOOOO drunk my pals thought it would be fun to test if I had any sensation left - by putting a lighter under my left index finger.
    Permanently altered that fingerprint due to scar tissue.

    I'm pretty sure there are various other ways one could alter one's fingerprints rather easily and quickly.
    Causing those 1 to 9 odds to suddenly look a lot more like 100%.
    Look like being the operative word.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:9 to 1 odds of wiping the phone? by Ihlosi · · Score: 4, Funny
      1 finger unlocks the phone, other 9 wipe it.

      Any finger wipes it, middle toe of right foot unlocks it.

    2. Re:9 to 1 odds of wiping the phone? by jafiwam · · Score: 4, Funny

      I always wondered if a dick-print could be used to unlock an iPhone.

      Never got around to it as it turns out, if you tell everybody that's what you do, nobody touches your phone anyway.

    3. Re:9 to 1 odds of wiping the phone? by SScorpio · · Score: 1

      Why not a knuckle? It's much easier to use than needing to take your shoe off all the time.

    4. Re: 9 to 1 odds of wiping the phone? by Anonymous Coward · · Score: 0

      That's odd. Most phones are covered with bugs from the owner's ass, but that doesn't stop others from grabbing them (the phone, ya pervert).

    5. Re:9 to 1 odds of wiping the phone? by RockDoctor · · Score: 1

      I always wondered if a dick-print could be used to unlock an iPhone.

      Two and a bit days since you posted this. Have you carried out the relevant experiment? (I don't have, and am unlikely ever to have, an iPhone, or any other iDevice).

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  44. It knows you are the one using it by Anonymous Coward · · Score: 0

    Aside from the fact that your fingerprint could be used to unlock your device easier than getting you to reveal a password, there is also the possibility the device (as manufactured, or if compromised) could report that it is in fact you using it, due to your fingerprint. Anyone might know your password, but the fingerprint can place you at the location of the phone (which is already tracking your location).

  45. Go ahead and do that by ArchieBunker · · Score: 1

    Welcome to contempt of court. Enjoy your indefinite stay in jail until the judge lets you out.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:Go ahead and do that by mattventura · · Score: 1

      Doesn't work like that. Contempt can only be used as encouragement. Once there is absolutely no way to recover the evidence, it would be obstruction of justice at worst.

  46. Re:You've been warned: biometrics might not be sec by tlhIngan · · Score: 2

    I've always wondered why people would think that fingerprints are a highly secured method of authentication. You leave the things around everywhere you go and you can't change them if they are compromised. Imagine if you dropped little strips of paper with your password (that could never be changed) written on it everywhere you went. How long would your "highly secured" password last if someone decided they wanted into your account? Especially if that person was the government?

    And that's why Apple disables the fingerprint reader - after 3 unsuccessful attempts to use the fingerprint reader, 48 hours of no fingerprint, or on a power up.

    And people think Apple's method is "asinine" for requiring a passcode. The only reason Apple has a fingerprint reader was to make phones more secure by having more people actually USE a passcode. Because passcodes are a pain when you're having to enter them in 1000 times a day, so a good majority of users don't do that. The fingerprint reader lets you have a passcode but not have to go through the hassle of entering it thousands of times a day.

  47. distress finger by Tom · · Score: 1

    So the next step will be to have distress fingers, i.e. if I use my left thumb, the phone will lock up and I need to enter my code, TouchID will not work by itself anymore.

    Problem solved. Apple, you listening? Wait, you don't have to. Any expert in security knows about canaries and distress signals, so you're probably working on it already, right?

    --
    Assorted stuff I do sometimes: Lemuria.org
  48. Biometrics are a bad idea by rossz · · Score: 2

    The problem with biometrics are they are fixed. So once they are stolen, you are screwed. Duplicating a fingerprint is easy. Iris scans are probably simple enough to defeat given the right equipment. Even some future DNA scan could be defeated, in theory. Keep in mind, no matter what form of security is used, it has to be digitized in some way. That is a crack in security.

    --
    -- Will program for bandwidth
  49. Thank You Slashdot! by jIyajbe · · Score: 3

    (Yes, this is a serious, non-sarcastic post.)

    Yikes, that scenario had never occurred to me. I just turned TouchID off on all my devices. Entering my (>4 character) passcode isn't really that hard.

    This sort of story is why I like Slashdot. This was interesting and useful. Thanks to the submitter and the editor.

    --
    "Don't blame the log for the fire." --Andrew Ratshin
    1. Re:Thank You Slashdot! by ripvlan · · Score: 1

      I think you're missing the point. They would instead compel you to provide that passcode.

      If a safe was locked - they'd ask for the combination or key. In the modern world it is your fingerprint or passcode. They aren't stealing it. There is a warrant.

      And as others are suggesting - what is the limit to the warrant? There is a lot of stuff on the device ("remember me" accounts to banks, email., chat etc). So if the warrant was for an email thread between two co-conspirators, but they opened your bank account app and saw large numbers of money transfers --- is that discovery allowed?

      If they pull over your car for a broken tail light - what else are they allowed to Discover?

  50. Re:You've been warned: biometrics might not be sec by Solandri · · Score: 1

    I always thought Randall should do a followup to this XKCD comic with "hold him down and swipe his finger on his phone to unlock it."

  51. Sigh by ledow · · Score: 5, Insightful

    Fingerprints are not passwords. If you use them that way, you're an idiot.

    At best, fingerprints are shortcuts for your USERNAME. You can use them in systems like that - school library and dining hall systems are perfect, you're not interested in "security", you're just interested in determining the correct child to a certain degree of accuracy quickly.

    Your password should still be something that only you know.

    People using fingerprints for passwords are deliberately making their machines less secure.

    1. Re:Sigh by tom229 · · Score: 1

      People using fingerprints for passwords are deliberately making their machines less secure.

      It depends. Traditionally I'd say your right, but with phones, maybe not. Strong passwords are very hard to use with phones. When you encrypt data on an Android phone it demands an alpha numeric password because data encrypted with a numeric pin code might as well not be at all. So, for a business, for example, biometrics are a really good option to encrypt data while not inconveniencing your users too much.

      This should even be your preferred option on iPhones. As we now know, Apple's security relies on a central source (Apple's signing key) to protect encrypted data with a weak pin code. This means all data secured with a pin code has its security centralized in Cupertino, and is breakable by them and anyone they choose (or are forced) to cooperate with. It also relies on trust that they are properly securing their key, and their underlying proprietary system. Android is at least using mature open standards, so your data can be better assumed to be strongly encrypted with a good password (or fingerprint).

      So when it comes to encryption with weak passwords, biometrics is certainly better. Strong passwords, probably not. But no matter what you use, it's always circumventible with a hammer to the knees.

      --
      If it ain't broke, don't fix it.
    2. Re:Sigh by Anonymous Coward · · Score: 0

      Something you HAVE: ID card/badge
      Something you KNOW: Password
      Something you ARE: fingerprint, retina, etc.

      Two of three should be required for access.

    3. Re:Sigh by david_thornley · · Score: 1

      Apple's signing key is usable to install software on your iPhone. It has nothing to do with the encryption key, which is a random 256-bit number kept in special hardware, and which cannot be directly read. The FBI's proposed use of the signing key was to install a modified OS onto the phone that wouldn't enforce any lockout delay or have a wipe. That won't work the same for the 5S or any later iPhone, since the restrictions are on chip and are not in the OS. (I believe there are other ways to crack them, but they don't involve Apple's signing key.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    4. Re:Sigh by tom229 · · Score: 1

      The hardware encryption key only forces you to brute force the password on the actual device. Nothing about the actual circuitry prevents you from making too many decryption attempts too quickly (other than physical limitations of the circuitry of about 80ms per iteratoin). The brute force security measures were part of iOS on older devices, but are implemented on the "Secure Enclave" firmware in newer ones. This firmware is rewritable memory in the interest of applying software updates for security fixes. It's therefore a requirement that this firmware is secured with a "Secure Boot" bootloader (just like the main SOC) which contains Apple's public key. That is why they are so worried about a legal precedent for writing custom signed software/firmware even if it is done in a secure Cupertino lab and only works on one device. It brings to light the fact that their security measures surrounding the availability of weak passcodes to encrypt data fundamentally centralize security to their software signing key. This means the millions of dollars likely spent on this system are wasted when there is no inherent benefit over using simple software encryption available off the shelf. If they are able to avoid the legal precedent of writing custom software for the government you still can't really feel secured. The ability then just uniquely resides with them, which means your data is only ever as secure as Apple's intentions.

      So, use strong passwords, even though Apple devices let you use weak ones.

      --
      If it ain't broke, don't fix it.
  52. Phones won't hold useful data by Anonymous Coward · · Score: 0

    So,

    1) as others have said, a real criminal/drug dealer/terrorist etc will just use a throwaway phone. Any 'data' on this phone is throwaway and 'they' know this and use random 'code words' or what ever for the day/event. - To make things easy they will use 1234 as the code to show they have nothing to hide and await REAL evidence etc.

    2) Apps will appear (if not already) to 'clear' the phone on a daily basis automatically (not hard). So, when you use your finger, passcode, eye, its no big deal, the 'data' will be nothing more than a text or phone call (if any on that day) which the phone companies already log.

    3) Back to basics: We are at a point now that, actual criminals won't/don't store anything ON the phone anymore, they will just use use random 'cloud' services on the device which is just like a dumb terminal etc and or code words for 'texting' so the phone will never have anything other than a few holiday pics and music. For ordinary paranoid people, Apps will become popular to use my second point when people want to just clear things up on an automatic regular basis and there is NO laws saying you can't automatically clean your own phone every 24 hours with an app. So there won't be anything of value too see.. because people come to terms that you clearly can't and never should trust a phone.

    The only reason I use a pin code on my phone is to stop a thief knowing my boring private text's/facebook/pics and stuff is at least out of there reach.

    Oh and videos for a long time can stream this data to a cloud, lots of apps around now, so if the cop wants to 'delete it', he/she can't as it's already uploaded, sorry about that. There are apps that do both let it be 'deleted' but hide the fact it was uploaded somewhere lol.

  53. There's more than one country in the world, y'know by wonkey_monkey · · Score: 1

    The US Government wants to force people of interest to use their fingerprints to unlock phones

    FTFY. Fixed the stupid capitalisation too.

    --
    systemd is Roko's Basilisk.
  54. Re:You've been warned: biometrics might not be sec by pellik · · Score: 1

    (IANAL. Either) The courts had indicated in a dissent that they may oppose forcing someone to turn over the combination to a safe. They set no precedent, and made no ruling to uphold that statement. Furthermore, the court is different now.

  55. Re:You've been warned: biometrics might not be sec by tom229 · · Score: 1

    So, then wouldn't Apple's software signing key be technically obtainable through a warrant? Clearly it would, but I don't think you'd find a judge willing to sacrifice the security of everyone with an iPhone for any cause. Despite the hysteria that they are all corrupt despots.

    --
    If it ain't broke, don't fix it.
  56. I solemnly swear that I am up to no good... by Anonymous Coward · · Score: 0

    So maybe a new form of magic? A wand that gives a biometric verification of the wand holder and communicates with the device in a really obscure protocol with encryption levels approaching 1024 bit AES or better?

    And/Or, on a failure to verify, maybe the sudden generation of calls to the FBI office, the CIA office and congressmen/senators. And lawyers. And streaming recordings of sound in the area...

  57. In some cases, they. already have them... by Anonymous Coward · · Score: 0

    In Delaware, I had to give my fingerprints (and palm) to the government in order to get my CCDW permit. I had to pay them for this too.
    SBI

  58. Court Using Fake Fingers by EnOne · · Score: 1

    I thought that TouchID could be bypassed by a fake finger with a fingerprint printed on it. (Source: YouTube) Making someone unlock a phone with their own finger seems like an unnecessary step.

    --
    Calvin:Do you believe in the devil? Hobbes:I'm not sure man needs the help.
  59. They need to watch less cable TV by Anonymous Coward · · Score: 0

    blahblah blah my fingerprints are secure. Quick, hide your fiingers. Oh no the bad guys cut one off and used it to access terrorist data on Akhmed's iPhone. Oh shit they used Jello to transfer the prints then advanced hacking techniques to access the encrypted data. blah

    blind fuckers.

  60. Vanishing firgerprints by Anonymous Coward · · Score: 0

    I recently got fingerprinted for the license to carry permit and the attendant mentioned to me that my prints are very shallow and were hard to properly scan them. She said that it's normal, after a lifetime of accumulating damage from dealing with domestic chemicals and handling hot pans. I had no idea that this could happen. That also explained why I gave up on using the fingerprint to unlock my phone, since it took several unsuccessful attempts before I'd finally type in the backup password. Which means that the only finger I have to give for this idea is the middle one.

  61. Oh really by ArchieBunker · · Score: 1

    Tell that to this guy https://nakedsecurity.sophos.c...

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  62. Re:What you HAVE is not as protected as what you K by Anonymous Coward · · Score: 0

    Any act on your part that causes proof to appear is testimony, but bad court rulings are twisting meanings. You are the only person who knows the finger you may have used in a fingerprint passcode, therefore, divulging that information is no different than providing the code to a combination lock, which you have no obligation to do; the differences are only in the potential and actual lengths of the combination.

  63. The need for a warrant and location to be searched by Fnord666 · · Score: 1

    There's no law which prevents them from seeing things they aren't looking for. Yeah, your phone may contain nudie pics. Your house may also contain nudie pics. That doesn't mean police can't get a warrant to search a house, or that such a warrant would be improper, given probable cause.

    Any of the items you mentioned which may be on a phone may also be in a house or a car. With a warrant, properly obtained, authorities can rightfully search a house, car, or phone.

    In the US there are limits that LEOs must abide by. The case in point made by the gp revolves around looking inside desk drawers when searching for a stolen TV. Anything in plain sight is fair game. Anything found in a place that could reasonably be expected to possibly hold the item being searched for is fair game. Everything else is off limits. It's not reasonable to expect that someone hid a 32" TV in a 3"x12"x12" desk drawer. If the drawer were open and the bag of weed was plainly visible then it becomes fair game. If the LEO smells marijuana he could request a new warrant to search for marijuana, then the closed drawer of the desk would be fair game because it could reasonably be expected to contain a stash of weed.

    This limit should also extend to your phone. If they are searching your phone for communications to confirm that you spoke with someone, then the warrant should be restricted to the call logs on the phone. If pictures are within a password protected application, then a warrant for call logs would not give LEOs the right to demand that you unlock that application. Unfortunately all of this would require that the judges granting the warrants understand the technology and understand when LEOs were being overly broad with their warrant request. The judge could then require the LEO to limit the "places to be searched" on the phone to just the relevant sections. Defense attorneys will have to successfully challenge the warrant in court as being overly broad and get evidence excluded though before anyone will tighten up the warrant requests.

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  64. You raise an interesting point by raymorris · · Score: 1

    > This limit should also extend to your phone. If they are searching your phone for communications to confirm that you spoke with someone, then the warrant should be restricted to the call logs on the phone

    And perhaps a search of communications (again based on good probable cause, with a proper warrant) would also include text messages, Snapchat, Facebook, etc I suppose? It's interesting because unlike a TV, which can't fit in a drawer (though the remote can), communications can fit in many applications.

  65. Shutdown the phone when things get dicey by jemenake · · Score: 1

    This is why the advice is: If you think you're about to get arrested, shut your phone off. With an iPhone, upon first boot, it requires the passcode; the fingerprints won't work. The latest precedent that I know of (late 2015) is that you can be compelled to provide your fingerprints, but not your passwords.

  66. And this is why by Anonymous Coward · · Score: 0

    And this is why I have not and probably will not ever activate my fingerprint recognition on my iPhone. The other reason is that compared to a well-selected pass code, the security is worse with fingerprints!

  67. Pinky finger by countach · · Score: 1

    Simple solution: use your pinky finger as your unlock finger. By the time the authorities figure out that your index finger isn't working, you will have exceeded the iPhone try limit, and be forced back to using the passcode.

  68. This is not law enforcement by samantha · · Score: 1

    This is a gross violation of the 4th Amendment right to be secure in our papers and effects. Worse our computational devices are more intimate and part of us that mere paper could ever be. As they become ever more extensions of our brain forcing access may fairly be compared to directly wiring your brain to testify against you. Enough with these petty tyrants!