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Feds Walk Into a Building, Demand Everyone's Fingerprints To Open Phones (dailyherald.com)

An anonymous Slashdot reader quotes the Daily Herald: Investigators in Lancaster, California, were granted a search warrant last May with a scope that allowed them to force anyone inside the premises at the time of search to open up their phones via fingerprint recognition, Forbes reported Sunday. The government argued that this did not violate the citizens' Fifth Amendment protection against self incrimination because no actual passcode was handed over to authorities...

"I was frankly a bit shocked," said Andrew Crocker, a staff attorney at the Electronic Frontier Foundation, when he learned about the scope of search warrant. "As far as I know, this warrant application was unprecedented"... He also described requiring phones to be unlocked via fingerprint, which does not technically count as handing over a self-incriminating password, as a "clever end-run" around constitutional rights.

244 of 432 comments (clear)

  1. I tell them that I use wanker auth by Anonymous Coward · · Score: 4, Funny

    and say they need to suck it for the phone to unlock

    1. Re: I tell them that I use wanker auth by BlytheBowman · · Score: 2, Funny

      I wouldn't be suprised if some men (circumsised with dry penis heads) do just that, as there are crease patterns all over it's dome

    2. Re: I tell them that I use wanker auth by Anonymous Coward · · Score: 1

      This was really unnecessary.

    3. Re: I tell them that I use wanker auth by Anonymous Coward · · Score: 3, Funny

      You mean that apostrophe in the possessive pronoun that turned it into the contraction for "it is"?

    4. Re: I tell them that I use wanker auth by FatdogHaiku · · Score: 4, Interesting

      I only ise my middle finger for authentication. There is no chance I would cooporate with a fucking search like this.

      Actually, that's close to a good idea... one finger print that might nuke a selected data set while opening the actual phone app for a call (like when you answer without unlocking), others that would open the phone like normal. If they are not requiring you to turn over self-incriminating evidence then they could hardly claim you took an action that destroyed the non-evidence they want you to not hand over... I think that's it.. it's very confusing not confusing...

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    5. Re: I tell them that I use wanker auth by tlambert · · Score: 1

      I wouldn't be suprised if some men (circumsised with dry penis heads) do just that, as there are crease patterns all over it's dome

      Of course they do. Then the phone camera is already in the right area for the drunken picture sent to their mom instead of their girlfriend.

    6. Re: I tell them that I use wanker auth by ArmoredDragon · · Score: 4, Interesting

      That could make you liable for obstruction of justice/evidence tampering if they forensically determined that your phone was programmed to delete information in such a manner. It wouldn't matter whether that information was incriminating or not, you'd still get busted, and could face at least a few years of prison time.

      It would be better to just have a certain finger trigger your phone to reboot, thus requiring a password to decrypt the disk contents. They're pretty much SOL at that point since it then comes down to the "what you know" authentication factor, and "what you know" is constitutionally protected information, unlike the "who you are" authentication factor, which is what a fingerprint is, and the government can always compel you to identify "who you are" with probable cause or a search warrant.

    7. Re: I tell them that I use wanker auth by davester666 · · Score: 1

      It doesn't even need to do a reboot, just signal the OS to ignore the fingerprint reader until after the correct passcode has been entered (effectively making it the same as the phone being rebooted, without doing it).

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re: I tell them that I use wanker auth by michelcolman · · Score: 4, Insightful

      Well, if you see them coming in demanding everybody unlock their phones, just quickly take it out, unlock it and turn it off. Takes about 3 seconds. Then when they get to you, it's too late because the phone will now require a password which you don't have to give.

      Doesn't work if you're the first one they ask, of course.

    9. Re: I tell them that I use wanker auth by modecx · · Score: 1

      Or just use the wrong finger several times to 'try' to unlock it when pressured. When it locks out from too many attempts, the only option is the pin. Can't coerce that from you, as easily. Oopsie!

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    10. Re: I tell them that I use wanker auth by Kiralan · · Score: 1

      If you use your thumb instead of your index finger for your unlock, and they find your index finger doesn't work, would compelling you to say which finger unlocks it then violate the 5th amendment?

      --
      V for Vendetta: People should not be afraid of their governments. Governments should be afraid of their people.
    11. Re: I tell them that I use wanker auth by SQLGuru · · Score: 1

      They'd probably make you go through all of your digits. There are only 10, so that "brute force" (pun intended) approach wouldn't take very long.

    12. Re: I tell them that I use wanker auth by KingBenny · · Score: 1

      heh ... my phone doesnt unlock by fingerprint ... o actually i lost it OR it got stolen same result .. but im starting to think the US and belgium are a bit in a contest on who can bend the law most ... Art. 29 Het briefgeheim is onschendbaar. De wet bepaalt welke agenten verantwoordelijk zijn voor de schending van het geheim der aan de post toevertrouwde brieven. i dont know if google translates ... this place is the swiss cheese of legalism ... it states roughly communications are protected for letters delivered to the post office so any lawyer can probably bend that into but the sms on your phone is not ... belgium still wins on bureaucracy and izms .. thats constitution there, probably not updated since 1830

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
    13. Re: I tell them that I use wanker auth by amRadioHed · · Score: 1

      The phone locks after 4 or 5 invalid attempts, so they can only really brute force the most commonly used fingers.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    14. Re: I tell them that I use wanker auth by easyTree · · Score: 2

      Or deliberately and unashamedly baiting Grammer Nazis?

    15. Re:I tell them that I use wanker auth by fahrbot-bot · · Score: 1

      and say they need to suck it for the phone to unlock

      You are either (a) really flexible or (b) have really good friends with you all the time. If just "a" then the upside is that you're probably not using the phone while driving...

      --
      It must have been something you assimilated. . . .
    16. Re: I tell them that I use wanker auth by ArmoredDragon · · Score: 1

      The decrypt key would still remain in your phone's memory, leaving a potential hole, which is potentially exploitable via a zero-day USB vectored exploit or who knows what else.

    17. Re: I tell them that I use wanker auth by michelcolman · · Score: 1

      Right, use a passcode that you use every time you take out your phone, giving plenty of opportunities for others to see you type it.

    18. Re: I tell them that I use wanker auth by locofungus · · Score: 1

      You don't even need that. One finger unlocks the phone as normal. The other unlocks the phone but requires a pin as well (only needs to be one digit long) and an incorrect pin means that the phone shuts down. (or even that finger can make the phone shut down - however it should probably still require a pin even if there's *no* pin to unlock.

      Don't know about obstruction of justice issues though...

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    19. Re: I tell them that I use wanker auth by Big+Hairy+Ian · · Score: 1

      I thought everyone used nipple prints these days

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    20. Re: I tell them that I use wanker auth by stoatwblr · · Score: 1

      Apples will lock after 10 failed attempts. Androids don't (but they do start delaying retries) - and a duress print is a very good idea that's not in them.

      At least they got it right about requiring a passcode after restarting. If you can switch it off they can't unlock it.

    21. Re: I tell them that I use wanker auth by Gallomimia · · Score: 1

      You seem to have missed that the story says the feds demanded people's fingerprints. They didn't ask people to unlock their phones, they got the fingerprints and used technology to unlock the phones after they were confiscated.

      --
      Sadly, a Libertarian cannot force his views on another, and freedom cannot spread as does the cancer known as religion.
    22. Re: I tell them that I use wanker auth by david_thornley · · Score: 1

      I'd advise someone to ask a real lawyer about this. In general, you aren't required to keep information that might be evidence until told you need to, and in the meantime you're free to delete as long as it's according with policy. I think you'd be OK with this eventually, although the police might be unhappy about it and you for a while.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    23. Re: I tell them that I use wanker auth by GaryHayman · · Score: 1

      Absolutely, it was totally unnecessary to give away the pass code of a different body part... so much for security.

  2. Hold down power button and ... by dgatwood · · Score: 5, Informative

    ... keep holding it down.

    Seriously, this is such an unconscionable violation of basic privacy that even people who have done nothing wrong should automatically have that reaction. And anybody who has done something wrong should know better than to use a fingerprint for unlocking anyway. What was this supposed to prove other than that they have a judge who will rubber-stamp any order no matter how appalling?

    --

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

    1. Re:Hold down power button and ... by Anonymous Coward · · Score: 1, Insightful

      That might be viewed as obstruction of justice, although it's arguable that what they were doing constituted any form of "justice" - it's not even clear if it was lawful. Remember, it's going to be viewed as strange in a courtroom if your phone was off when the police arrived. Who turns their phone off? Mine complains that it hasn't been switched off for months at a time.

      The next step for this country is to get a tyrant at the helm. That's something that's going to happen any time now, and after that we can all just stop pretending we're not living in a totalitarian police state.

    2. Re:Hold down power button and ... by jcr · · Score: 3, Insightful

      The next step for this country is to get a tyrant at the helm.

      That's already happened, several times.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Hold down power button and ... by drnb · · Score: 1

      Remember, it's going to be viewed as strange in a courtroom if your phone was off when the police arrived.

      I "held it wrong" when the police asked for it, it was accidental.

    4. Re:Hold down power button and ... by drnb · · Score: 3, Insightful

      And anybody who has done something wrong should know better than to use a fingerprint for unlocking anyway.

      That is so severely misinformed. Prisons are full of people who made simple mistakes, who should have "known better" than to leave some particular bit of evidence.

      What was this supposed to prove other than that they have a judge who will rubber-stamp any order no matter how appalling?

      Actually its probably far more complicated than you suggest. Obtaining a fingerprint from a *suspect* is something that is well established in law. The fact that fingerprints can now be used to unlock certain information does not somehow undo the long established precedent of fingerprint collection and use. While it may be a novel interpretation of "use" its a bit hysterical to characterize it as rubber stamping. Its more a mundane example of the law not keeping up with technology and needing to be updated: that fingerprint use with respect to identification is not self incriminating, but fingerprint use with respect to unlocking is self incriminating. The current law may simply not address the difference and simply refer to use with characterizing the use. If so the failure is in the legislature not necessarily the judiciary.

    5. Re:Hold down power button and ... by Anonymous Coward · · Score: 1

      ... keep holding it down.

      Seriously, this is such an unconscionable violation of basic privacy that even people who have done nothing wrong should automatically have that reaction. And anybody who has done something wrong should know better than to use a fingerprint for unlocking anyway. What was this supposed to prove other than that they have a judge who will rubber-stamp any order no matter how appalling?

      One thing this election should have taught us is that our information security is not good enough, and a simple fingerprint is no exception. The key is what do you do about it. I've been entering a pin code for a long time, but it is deeply annoying and can sometimes pull your focus away from possibly important tasks. Had I a fingerprint reader I'd consider using it, even though I know it isn't the best security.

      Eventually we might have some kind of implant that works like on ghost in the shell or similar, where you can effectively use the features of a smart phone without actually holding it. That is a long way away, but perhaps with something inside your body, you would have more rights to the information contained. Of course, the idea is also a little disturbing.

      But what if there is a middle ground? Would it be possible to put an authentication mechanism inside your body that is more than a simple swipe type thing. What if that authentication mechanism was directly controlled by a thought, or perhaps even thinking the password to unlock the authentication device, which has much longer and more secure authentication means.

      I wonder if the future of authentication is something along those lines? The encryption technology is small enough now, though long term power is a problem. The interface so we assure only the assigned user can unlock it is the hard part, and of course making sure it doesn't poison you or cause other problems.

      Imagine, going to sit down at a computer, and small, very short range, wireless signal authenticates you to the computer, unlocks your email, etc.

      Certainly, I can't imagine a judge to order surgical removal on anything less than very compelling evidence, and I' not sure even that would stand up in a court, though again, there has to be a primary way to unlock the device somehow, and likely technologies such that it would be unlikely to work in any other environment.

    6. Re:Hold down power button and ... by mishehu · · Score: 1

      What's weird about turning a phone off? There's been times where I've had to turn it off so I can get some actual work done.

    7. Re:Hold down power button and ... by Anonymous Coward · · Score: 1

      What's weird about turning a phone off?

      Nothing, if I go out onto the production floor I am REQUIRED to turn my phone off.

    8. Re:Hold down power button and ... by morcego · · Score: 5, Insightful

      (...) even people who have done nothing wrong (...). And anybody who has done something wrong should (...)

      The problem is that everyone has some something wrong. There is some kind of law, statute or rule that you broke... or didn't follow strictly.
      This day and age there are so many rule, such broad law, that everyone had some something. Even if it as minor as jaywalking. Or driving over the speed limit for a couple minutes. Or parking a little too far from the sidewalk. Or something else completely different that in a given place is a misdemeanor.

      I'm not screaming "evil big government here". I'm actually a law student and an intern in a attorney office. We all break some law several times every day. But these are such minor things that the legal system simply don't care. Maybe it is not a criminal law, but only enough for a civil lawsuit. But we are still breaking the rules.

      In the eyes of the law, no one is 100% guiltless, even if they are innocent.

      This is one of the problems why the legal system doesn't work. We punish too many things, so we punish badly. And, in that scenario, when the policing forces (local, state or federal) get increased powers and broader mandates, they get carte blanche to so pretty much what they want to anyone they want. After all, everyone is guilty of something.

      Things are only getting scarier.

      --
      morcego
    9. Re:Hold down power button and ... by myowntrueself · · Score: 2

      (...) even people who have done nothing wrong (...). And anybody who has done something wrong should (...)

      The problem is that everyone has some something wrong. There is some kind of law, statute or rule that you broke... or didn't follow strictly.
      This day and age there are so many rule, such broad law, that everyone had some something. Even if it as minor as jaywalking. Or driving over the speed limit for a couple minutes. Or parking a little too far from the sidewalk. Or something else completely different that in a given place is a misdemeanor.

      I'm not screaming "evil big government here". I'm actually a law student and an intern in a attorney office. We all break some law several times every day. But these are such minor things that the legal system simply don't care. Maybe it is not a criminal law, but only enough for a civil lawsuit. But we are still breaking the rules.

      In the eyes of the law, no one is 100% guiltless, even if they are innocent.

      This is one of the problems why the legal system doesn't work. We punish too many things, so we punish badly. And, in that scenario, when the policing forces (local, state or federal) get increased powers and broader mandates, they get carte blanche to so pretty much what they want to anyone they want. After all, everyone is guilty of something.

      Things are only getting scarier.

      "Give me 6 folders of porn from the most innocent of men and I shall find something in there to hang him."

      In some places it might be porn with wrinkled 60 year old women in school uniforms. In other places, porn featuring women whose breasts are too small.

      --
      In the free world the media isn't government run; the government is media run.
    10. Re:Hold down power button and ... by Locke2005 · · Score: 1

      Easier to implement then that. Iris scan is already a working technology, as is eye-following so you could just look at dots in a pattern in sequence to unlock your phone. At which point, it's back to them compelling you to type in a passcode in order to unlock the phone.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    11. Re:Hold down power button and ... by BLKMGK · · Score: 1

      Strange still isn't illegal, they can view it however they want.

      --
      Build it, Drive it, Improve it! Hybridz.org
    12. Re:Hold down power button and ... by SirSlud · · Score: 3, Insightful

      One thing that /. users don't get is that while that may seem obvious to you, it's not obvious to everyone. That's why the law and regulations are constantly in search of trying to balance citizens from having to be experts about everything they buy/own/need. And the time honoured thought of "oh, only idiots will not do this, and idiots are people who deserve what happens to them" plays nicely into the hands of a dysfunctional society. If you have a "just world" mentality, that things happen to people *because* they deserve it, you may not get out enough.

      --
      "Old man yells at systemd"
    13. Re:Hold down power button and ... by MobSwatter · · Score: 1

      ... keep holding it down.

      Seriously, this is such an unconscionable violation of basic privacy that even people who have done nothing wrong should automatically have that reaction. And anybody who has done something wrong should know better than to use a fingerprint for unlocking anyway. What was this supposed to prove other than that they have a judge who will rubber-stamp any order no matter how appalling?

      This actually proves secondary to why Apple shouldn't be using biometric locking mechanism for a telephone, it is a wonder that there isn't an index finger sold along with a stolen iPhone.

    14. Re:Hold down power button and ... by jIyajbe · · Score: 1

      Imagine, going to sit down at a computer, and small, very short range, wireless signal authenticates you to the computer, unlocks your email, etc.

      Welcome! The future is here! That is exactly what happens when I sit down at my locked Macbook (running Sierra) while wearing my Apple Watch; the laptop and watch exchange a key, and my laptop unlocks.

      Actually, that is now past tense; thanks to this story (and others I've read recently), I have turned this feature off. It's clever and convenient, but not worth the risk of getting inadvertently swept up in some overzealous search warrant issued by a lazy and/or technologically-ignorant judge.

      (The next generations of Macbooks will have the fingerprint sensor, and I will be unwilling to use that, too. Sigh.)

      I hope Apple cares as much about privacy as they claim to, and figures out a solution to this problem. I am afraid to use these cool features of my devices, which makes these features no longer a selling point.

      --
      "Don't blame the log for the fire." --Andrew Ratshin
    15. Re:Hold down power button and ... by bytesex · · Score: 1

      'It was doing an OS update'

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    16. Re:Hold down power button and ... by Anonymous Coward · · Score: 3, Insightful

      That word...

      The US has never been a tyranny, wake up. Sometimes it's a bit grim, but it's a democracy, that's what you get. As long as people strive to be good the country will persevere and prosper.

    17. Re:Hold down power button and ... by thegarbz · · Score: 1, Insightful

      No, Donald Trump has never been our President.

      Donald Trump is an anti tyrant. He's more like a little boy who has no idea what to do or how to do it. In some ways having a child who doesn't understand politics at the top of what is shown to be an institutionalised assault on the rights of all may actually be a good thing.

      The alternative is a career politician and the pure embodiment of 1%ers reaching for an even bigger power grab.

      I'm glad I'm not American. I'm actually not sure I could bring myself to not vote for Trump, and that would just leave a sour taste in my mouth.

    18. Re:Hold down power button and ... by dbIII · · Score: 1

      I think that's kind of the point.
      Actions like this are to tell the people targeted that they are worthless and that the people perpetrating it can do anything they like to them.


      There isn't a technical solution, it's a social one of removing the pricks on a power trip who don't seem to give a shit about doing a professional crime investigation.

    19. Re:Hold down power button and ... by Fragnet · · Score: 1

      When you put it like that, it certainly is a violation. That's precisely the correct analogy. Someone needs to sue.

    20. Re: Hold down power button and ... by Hognoxious · · Score: 1

      GW: I don't like standing armies. They're too easy to use for repression.

      All: Right George! Well said, Brother Washington! (etc).

      [GW goes out for a piss]

      All, whispering among themselves: I reckon we'll get away with it if we dress them in blue instead of red.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    21. Re:Hold down power button and ... by peragrin · · Score: 1, Insightful

      Where do you think tyrants cone from? They are always immature little boys with no sense if actual fairness of empathy.

      Want to know why it took a thousand plus year from the fall if time to rebuild society? It was because the average ruler started in their twenties and life expantacy dropped.

      They were hormonal teenagers. It wasn't until si with progressed and life expectancy got longer that more mature thoughts started happening.

      Would you give a teenager a nuke? That is what will happen when people vote for trump.

      I always said Republicans would rather vote for Hitler and allow gas chambers next to their homes rather than see Hillary in office. It looks like that is what will happen. Why gas chambers? 70% of illegals in the USA fly here, to round up and deport 11 million you need to build concentration camps to hold them, while you file the paperwork to deport and allocate money for return airfares. Deporting that many would take a decade. It is why Ronald Reagan went the cheap route and granted citizenship.

      --
      i thought once I was found, but it was only a dream.
    22. Re:Hold down power button and ... by flyingfsck · · Score: 2

      The phone is already full of finger prints, including the one on the fingerprint reader. All you need to recover it is sticky tape or cyanoacrylate, make a rubber molding and apply it again to the sensor. Fingerprints are a schtoopidttt way to lock a phone. It is like leaving the key under the doormat.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    23. Re:Hold down power button and ... by thegarbz · · Score: 2

      Where do you think tyrants cone from? They are always immature little boys with no sense if actual fairness of empathy.

      Tyrants come from the ability to tap into unchecked power. The president of the united states is often a hamstrung puppet. Tyranny in the USA comes from the institution itself including congress and the supreme court who have shown time and time again to not represent the American people as much as their corporations.

      Would you give a teenager a nuke? That is what will happen when people vote for trump.

      There's a difference between Kim Jong Il with a nuke and Trump with a nuke. The former is a Tyrant. His decision to start a nuclear war would be unopposed, unchecked and supported in general. Trump on the other hand while he in theory has the ability to order a nuclear strike at his discretion is smart enough to know that it would end him in the process. So yes I would give him a nuke with the systems currently in place.

    24. Re:Hold down power button and ... by Alumoi · · Score: 1

      Democracy? More like plutocracy with the less fortunates allowed to choose from the selected few.

    25. Re:Hold down power button and ... by kbg · · Score: 1

      Trump on the other hand while he in theory has the ability to order a nuclear strike at his discretion is smart enough to know that it would end him in the process. So yes I would give him a nuke with the systems currently in place.

      Hitler on the other hand while he in theory has the ability to change the Weimar Constitution is smart enough to know that it would end him in the process. So yes I would give him powers with the systems currently in place.

    26. Re:Hold down power button and ... by Anonymous Coward · · Score: 1

      There's a difference between Kim Jong Il with a nuke and Trump with a nuke. The former is a Tyrant. His decision to start a nuclear war would be unopposed, unchecked and supported in general. Trump on the other hand while he in theory has the ability to order a nuclear strike at his discretion is smart enough to know that it would end him in the process. So yes I would give him a nuke with the systems currently in place.

      There is no legal way for anyone to stop the President from a first strike nuclear attack. And there is no evidence that Trump is smart enough to know that it would end him in the process. He is completely unable to let the slightest offense go without retaliation, he is unwilling to believe that he is losing this election despite all evidence to the contrary, and he has declared that he won't accept the results of the election unless he wins. What evidence do you have that he understands that the vast majority of people would be horrified and against him if he ordered a first strike against, for example, Iran, when he can't understand that the vast majority of the country won't vote for him? Based on the public statements he has made, the opinions of those who have held this power, and many of the people that know him personally, it would be extremely irresponsible to give him this power.

    27. Re:Hold down power button and ... by naasking · · Score: 2

      He's more like a little boy who has no idea what to do or how to do it.

      Little boys and girls are tyrants. Children are sociopaths who must be trained to be civilized human beings [1]. Sometimes training doesn't take, ergo, Trump.

      [1] There's a quote around there that says this better than I could, so if anyone knows it please let me know!

    28. Re:Hold down power button and ... by mrchaotica · · Score: 1

      If you could set it up to require a password and the presence of the key provided by the watch, that would be nice.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    29. Re:Hold down power button and ... by Anonymous Coward · · Score: 1

      No, Donald Trump has never been our President.

      Donald Trump is an anti tyrant. He's more like a little boy who has no idea what to do or how to do it. In some ways having a child who doesn't understand politics at the top of what is shown to be an institutionalised assault on the rights of all may actually be a good thing.

      The alternative is a career politician and the pure embodiment of 1%ers reaching for an even bigger power grab.

      I'm glad I'm not American. I'm actually not sure I could bring myself to not vote for Trump, and that would just leave a sour taste in my mouth.

      Trump is both a tyrant, and a master bullshit artist. You are a complete sucker if you believe anything he has said in his campaign.

      If you don't understand what I'm talking about, you need to read, or re-read art of the deal, and read what he actually does, and blow off the flowery nonsense surrounding it.

      You think he believes in rights? The only right he's concerned with is his right to take everything he can, by whatever means possible. That's why he got along so well with John Gotti's lawyer.

    30. Re:Hold down power button and ... by drinkypoo · · Score: 1

      Donald Trump is an anti tyrant.

      What? Who told you that? And why did you believe him? He abuses his wives, he abuses his employees, what causes you to imagine that he wouldn't abuse The People?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:Hold down power button and ... by AthanasiusKircher · · Score: 4, Interesting

      Donald Trump is an anti tyrant. He's more like a little boy who has no idea what to do or how to do it.

      Actually, I'm pretty sure Donald Trump has "ideas" about "what to do." He's pretty famous for them. They may be wacky or unrealistic or even impossible, but he has ideas. Some of which could have major political ramifications if he even attempts to follow through.

      Anyhow, I think you may not realize that "tyrants" in world history take many forms. Relatively few of them throughout history started out as clear "twirling the mustache" evil dudes who had a Machiavellian plan to become a "tyrant." Much more common are situations where you take a somewhat average guy, put him in a leadership position, create some tough choices, and watch him choose the bad ones. A lot of "tyrants" throughout history very gradually slipped into tyranny, often with the support of the public along the way, cheered along by their fears and promises of "security" from a well-meaning leader.

      You know what prevents that sort of thing? Knowledge. Knowledge of history. Knowledge of politics. Realizations that paths others have taken before have led to badness. History has shown again and again that the most ignorant "nice" folks who end up leadership positions can turn out to be the worst... they don't know any better, so they can be swayed into all sorts of bad acts.

      And Donald Trump doesn't even have that "niceness" to go along with his ignorance.

      In some ways having a child who doesn't understand politics at the top of what is shown to be an institutionalised assault on the rights of all may actually be a good thing.

      Maybe. Or it could be even a faster track to a dictatorship. The problem is that it's completely unpredictable.

      None of this should be viewed as an argument in favor of Clinton, who is also a terrible candidate. But acting like things are likely to be better because Trump is an "outsider" and less corrupt (at least by the political establishment) is just not a safe bet.

    32. Re:Hold down power button and ... by Bing+Tsher+E · · Score: 5, Insightful

      The Bushes are voting for Clinton this time around.

      Go figure. It's not because Trump is a 'disaster'. It's because he doesn't represent their political class. Hillary does.

    33. Re:Hold down power button and ... by Bing+Tsher+E · · Score: 1

      Busses are cheap.

    34. Re:Hold down power button and ... by Bing+Tsher+E · · Score: 1

      I hope Apple cares as much about privacy as they claim to,

      You'd better hope, since you've chosen them as the singular wardens of your privacy. However, they've proven to have a rather strong political drive to support one ideology. Make sure you support the right ideas and candidates, at least in public.

    35. Re:Hold down power button and ... by thegarbz · · Score: 1

      Little boys and girls are tyrants.

      No, tyrants require among other things unchecked power. But children do fit all other criteria.

    36. Re:Hold down power button and ... by Mr+D+from+63 · · Score: 2, Insightful

      Yup, we are better off with Hillary, who 'acts' nice, that is better than being one's self. And we are less vulnerable to tyranny with Hillary even though the media will send her message for her, she can lie about stuff and get away with minimal scrutiny by the mainstream media. She can cover up her tracks and get the FBI to cut a deal to allow her underlings to destroy evidence with no ramifications. She has a powerful political party AND money machine behind her.

      So you think Trump, who won't have either political party at his back and who the media won't let get away with anything is gonna pull off some major control coup. Yeah, he's gonna be able to pull of a move to dictatorship under those conditions... give me a break. Obama gets away with significant overstepping of Presidential authority as it is.

    37. Re:Hold down power button and ... by thegarbz · · Score: 1

      what causes you to imagine that he wouldn't abuse The People

      Lack of power. Real abuse comes from congress and the supreme court as brought to you by [corporation].

    38. Re: Hold down power button and ... by Anonymous Coward · · Score: 1

      It does not matter. Small folk does not matter. You do not matter. President Hillary Clinton does. Bow to greatness.

    39. Re:Hold down power button and ... by swalve · · Score: 2

      Like various other historical figures, Trump will fire up the masses to such an extent that the political class can't do anything else but go along with him or lose their jobs in 2018. The tea party types are primed and ready to go. He would be the president- what's to stop him from doing daily 3 hour news conferences where he spews nonsense and vitriol? He has been on TV doing that exact thing. Two years of "trust me, they are stopping me from making you all millionaires" and he could easily turn congress around.

      I don't think he can plan that far ahead, but he is certainly capable of stumbling ass-backwards into a scenario like that.

    40. Re:Hold down power button and ... by Khyber · · Score: 1

      "All you need to recover it is sticky tape or cyanoacrylate"

      Sticky tape is far better. Cyanoacrylate changes shape slightly as it cures, distorting the fingerprint.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    41. Re: Hold down power button and ... by swalve · · Score: 1

      How many years of a super majority in Congress? I think zero.

    42. Re:Hold down power button and ... by swalve · · Score: 1

      The justice department loves putting politicians from Illinois in jail no matter what party. If there was evidence, they would have brought charges. Rod Blagojevich, known Democrat, is rotting in jail right now for far less than what the lunatics are accusing HRC of.

    43. Re:Hold down power button and ... by currently_awake · · Score: 1

      OS file time stamps would disprove that. A better excuse would be "I put it in my pocket the wrong way, and it must have held down the power button causing it to turn off", or "I have no idea why it's off".

    44. Re:Hold down power button and ... by drinkypoo · · Score: 1

      Let's take this backwards.

      Real abuse comes from congress and the supreme court as brought to you by [corporation].

      Agreed.

      Lack of power.

      The President has a certain amount of power to do things or not do things, and that power can be wielded on behalf of corporations — especially when done in concert with [corporate stooges in] congress [but I repeat myself].

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    45. Re:Hold down power button and ... by amRadioHed · · Score: 3, Informative

      You mean the Supreme Court which the next president will have at least two positions to fill.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    46. Re:Hold down power button and ... by amRadioHed · · Score: 1

      It's been standard on newer phone for a few years now.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    47. Re:Hold down power button and ... by jcr · · Score: 1

      The US has never been a tyranny,

      Tell it to Debs or Korematsu.

      wake up.

      Follow your own advice.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    48. Re:Hold down power button and ... by jcr · · Score: 1

      There is no legal way for anyone to stop the President from a first strike nuclear attack.

      Sure there is. The other men in the National Command Authority can refuse to concur with a launch order.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    49. Re: Hold down power button and ... by easyTree · · Score: 1

      What was this supposed to prove other than that they have a judge who will rubber-stamp any order no matter how appalling?

      More generally, what is it with these people? They want you to do wgst they say for their reasons so they go through this whole charade of 'we live in a democracy' and 'laws are made with the greater good in mind' and then you're supposed to just roll over and do what you're told even though the laws don't apply to those running for the highest office in your country and whenever there's no appropriate lawful way for them to get. what they want they accuse you of terrorism which opens up new possibilities of coetcive overeach.

      Either start acting in a manner which is consistent with your purported principles or just dispense with the charade and come out and say "do what we say or else" (which is what it always comes down to anyway.)

    50. Re:Hold down power button and ... by Carewolf · · Score: 1

      He's more like a little boy who has no idea what to do or how to do it.

      Little boys and girls are tyrants. Children are sociopaths who must be trained to be civilized human beings [1]. Sometimes training doesn't take, ergo, Trump.

      [1] There's a quote around there that says this better than I could, so if anyone knows it please let me know!

      It is not training as such, but they need to grow up emotionally. And they are not sociopaths, children are "psychopaths", though we usually wouldn't use that word for pre-adolescents.

    51. Re: Hold down power button and ... by Anonymous Coward · · Score: 1

      Ah, so the presidential candidate who wants to appoint supreme court justices that will not restrict abortion or gay marriage is dictating how you live your life, but the one who wants supreme court justices that will make abortion illegal, who wants to use the judiciary to imprison those who oppose him, and who would violate international law by torturing the families of suspected terrorists is protecting freedom.

      If you own a bakery, people can now walk in and demand that you make a cake you don't want to make, and threaten you with ruin if you don't comply. Hillary: in favor. Trump: opposed.

      Now, it doesn't matter, because only the "right" people can demand a cake. If a customer wants a cake with the prime minister of Israel on it, the bakery can get away with refusing it. In fact if someone demands a cake saying "black people are ugly" the bakery can get away with refusing it. And in practice, if a gay person went into a Muslim bakery and demanded a gay wedding cake, I'll bet nobody would force the Muslim to comply. It's just those icky Christians. This time.

      The problem with handing over power to the government is that someday, somebody you don't like might get the power. If we dismantle all the checks and balances and remove the restrictions on governmental power, liberals are gonna love it today. They might not love it so much later.

      Let's imagine a horrible crash of the economy, maybe even hyperinflation, and some idiot like Trump gets elected President... after Obama and Hillary have swollen the power of the executive branch. In fact, let's imagine someone just like Hillary, but willing to do whatever he/she is bribed to do. (Hillary is only willing to do a lot of things, not whatever. She has limits. She's true to the "progressive" ideals of today.)

      get your head out of your Brietbart

      Oh, fuck you.

      You have ignored all the lessons of history if you think that Trump is anything but a tyrant-wanna-be.

      I'll take a childish and churlish boor any day, if the press will be all over every move he makes and at least half the Congress will be opposed to what he does. Hillary has proven that not only will the news media help her by not reporting bad news about her, the news media will actively help her get away with serious felonies. She had the Director of the FBI run interference for her on those felonies.

      She isn't even President yet and she already has shown that she will be untouchable, with Congress rolling over on everything she does and the media helping sell it to the average people. Even if I approved of everything Hillary has ever done, I would be hesitant to have a President who will have such free rein.

      Vote gridlock 2016. Vote Trump. Or the USA may slide down a slippery slope to a President for Life tyrant (who starts off very popular and becomes... less so).

    52. Re:Hold down power button and ... by dywolf · · Score: 1

      its because trump doesn't represent anything remotely American.
      its a rare case of bipartisanship.
      its true that the democratic leadership is losing middle America, when the working man used to be their base.

      its yet another switch up among the parties.
      Nixon completed the racial switch.
      now we are seeing the education/wage switch.

      and this is likely to be much farther reaching, because the truth is most economic opportunity, especially of the type we tell kids will be possible with better education, isn't in middle America. its in the cities, most of which are located on the coasts (though California is a bit of a special case; its geography naturally leading to a near perfect mix; reason why its got the worlds 6th largest economy). and that only helps drive and permanently set the increasing partisan divide which is as much a divide between economic class as it is party. personally I hate that development too, as id much rather live in rural America than a city. but there's no where for me to work there.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    53. Re:Hold down power button and ... by stoatwblr · · Score: 2

      They may well be charged with treason, however I think you will find that very few military commanders who are authorised to issue nuke launch codes will actually do so even on a presidential order.

      The Rand institute studied this in the 1980s, based on 1970s military battlefield simulations. Nuke-capable commanders only ever used them in _one_ simulation and in all subsequent runs they'd surrender rather than use them - even if the other side tossed them first.

      Unlike the 3rd Reich, Rome or North Korea, USA military commanders (most countries actually) swear alliegance to their country and not their leader or their military system. Killing most of the civilian population would be a big breach of that oath. The President may be CinC, but if he issues a command which would result in the destruction of the country, men will risk treason charges to prevent that happening.

      Don't forget that the job of the president is not to wield power but to divert attention away from those who do. Whoever thought Zaphod Beeblebrox would have a tribble on his head or be so spectacularly uncool?

    54. Re:Hold down power button and ... by Dread_ed · · Score: 1

      No excuse is even better.

      Your phone is off. They ask you to open it with your finger. You can't. End of story. Don't provide excuses, or even speak to the matter at hand. It can't help, and will certainly hurt you to say anything regarding the matter.

      "Am I being detained?" and/or "I want an attorney."

      These are really the only statements you need to utter, ever, to a police officer under these circumstances. Keep in mind that statements you make to a police officer are only used for one reason: to prove you are guilty or to build a case against you and then prove you are guilty. You are not talking to a judge or a jury of your peers when speaking to an officer of the law that is interrogating you. This is important because only a judge or jury will prove your innocence, not a LEO. Any information you can provide is better within your control and not the control of an officer.

      It is better to consider a human being in a uniform as a mechanism rather than a human being. They are trained to embody very specific roles, to act in a routine and specialized way to collect "evidence" and turn that "evidence" into convictions. Any information you provide them can and will be used to prove your guilt. That is the whole sum of their job in these circumstances.

      IANAL. Any advice written above is for entertainment purposes only. Trying to obstruct an investigation by a legal authority will result in your incarceration, being falsely accused as a rapist and/or pedophile, and your eventual shooting death at the hands of unknown assailants.
         

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    55. Re:Hold down power button and ... by Chalnoth · · Score: 1

      A similar option would be to just tap the finger print sensor a bunch of times with the wrong finger. Really don't know if this would be a safe thing to do legally, as others have mentioned, but for me it'd be almost worth it to force a fight in court over it rather than just handing them my personal information.

    56. Re:Hold down power button and ... by Chalnoth · · Score: 1

      Is that why he's threatening to lock up his opponent once he has the power to do so? Why he's claiming that unless he wins, the election was illegitimate?

      Trump is ridiculously authoritarian. Sure, he's completely ignorant of how government works. In part that means that what would actually happen in a Trump presidency is that his advisors would set most policy. But he's got an ego as massive as any I've seen, and is very likely to push for lots of absurd and horrifying policies if he ever gets a chance.

      Fortunately, it's virtually impossible for him to win the presidency at the current time. There are even some (rather unreliable) early indications that Trump may end up vastly underperforming in the polls due to historically low voter turnout among Republicans.

    57. Re:Hold down power button and ... by Chalnoth · · Score: 1

      Ummm, I hope you learn at least a little bit about child psychology before having any children. Children very, very quickly learn to show empathy and concern for others' needs, if they are given the right environment to do so.

      Children (usually) only show sociopathic tendencies if their parents treat them like that's the only option. Sadly, this kind of mistreatment of children is absurdly common in the US, particularly as many parents don't even realize that they could be have far less frustration and a far more enjoyable time as parents if they just learned to stop setting up power struggles with their children.

      Of course, sometimes there's brain chemistry that gets in the way here, but most children, even toddlers, can learn to notice and respond to the needs of others in positive ways, albeit clumsily.

    58. Re:Hold down power button and ... by naasking · · Score: 1

      I hope you realize you just agreed with my point.

    59. Re:Hold down power button and ... by RockDoctor · · Score: 1

      If I go to work, I'm required to turn the phone off while in transit, and there's no point in turning it back on until I'm back within an area of phone coverage (e.g., within 100km of dry land). It's not as if there are mobile phone towers, or unsecured wifi which you can connect to without a correctly-programmed smart card for the corporate network.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  3. Immediately turn phone off by dattaway · · Score: 4, Informative

    Pattern required to start device before fingerprint reader will work.

    1. Re:Immediately turn phone off by Z00L00K · · Score: 1

      Better to link fingerprint unlock to device wipe and only use a pin code to get into the device properly.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re: Immediately turn phone off by LanceMcGrath · · Score: 1

      ... and don't have any information worth stealing in the first place. Not sure that's an advantage.

    3. Re:Immediately turn phone off by jpatters · · Score: 1

      Yes, feature phones can explode.

      Many smart phones can have a much stronger password to unlock than a four digit pin. Of course one has to balance convenience with security when considering how strong a password to use for their device, but that is ultimately up to the user.

      It would be a nice feature for TouchID to distinguish between your thumb rolled a little to the left vs a little to the right; simply link one gesture to unlock the phone and the other to duress mode.

      --
      "Remember, there never were pineapple-almond cookies here."
    4. Re:Immediately turn phone off by AmiMoJo · · Score: 4, Interesting

      If your turn your phone off/reboot the moment the police turn up it means you can't film them with it. So you have to choose between filing and risking them grabbing it, or protecting your privacy.

      Phones need a panic button. Say tap the power button three times quickly and it goes into a locked down mode where it records video as long as you hold the volume button down, and the moment you let go it reboots and all data is safety encrypted.

      Kinda sucks that we need to use suicide bomber tactics now.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:Immediately turn phone off by FrozenGeek · · Score: 1

      At work, many of our doors require both card and pin. On those doors, the pin pads are randomized. So unless "they" can be close enough to read the keys you are pressing, simply noting the pattern of your finger movements won't help. At the end of the day, there is no 100% perfect security. Even then, I suspect that rubber-hose crypto would defeat your perfect security.

      --
      linquendum tondere
    6. Re:Immediately turn phone off by ryanmc1 · · Score: 1

      My phone, a oneplus one, and possibly even the newer oneplus phones, will allow you to use the camera, without unlocking the phone. This way I can film without exposing my private data.

    7. Re:Immediately turn phone off by Carewolf · · Score: 1

      If your turn your phone off/reboot the moment the police turn up it means you can't film them with it. So you have to choose between filing and risking them grabbing it, or protecting your privacy.

      Phones need a panic button. Say tap the power button three times quickly and it goes into a locked down mode where it records video as long as you hold the volume button down, and the moment you let go it reboots and all data is safety encrypted.

      Kinda sucks that we need to use suicide bomber tactics now.

      Just don't lock the phone with a fingerprint in the first place. It is super weak lock mechanism in the first place.

    8. Re:Immediately turn phone off by david_thornley · · Score: 1

      It's worth knowing what will happen with repeated PIN entries. If the authorities only get to try a 4-digit PIN ten times, they've got a 0.1% chance to unlock the phone, which is going to be good enough for most people.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  4. The consumer market needs military-grade security. by mmell · · Score: 1
    I think we need two things:

    (1): Some form of secure (preferably cloud-stored) backup/restore mechanism with appropriate encryption and access protection mechanisms, and

    (2): A convenient, easy to trigger yet unlikely to be accidentally triggered mechanism to locally wipe the hardware. Factory reset plus cache clear should do the trick.

  5. sorry my phone is off by beckett · · Score: 5, Informative

    if the iPhone reboots, the key code must be entered as touchID does not work. Passwords are still protected by the 4th amendment in the US, right?

    1. Re:sorry my phone is off by chromaexcursion · · Score: 1

      correct.

    2. Re:sorry my phone is off by sew3521 · · Score: 1

      Since my S6 is encrypted I need to enter a password to boot up the phone. After I do that I need to enter another password to get into Android the first time. Once that is done I can use my fingerprint or my watch. It would be cool if there was a way to shut down your phone if the power button was rapidly pushed 5 or so times.

    3. Re:sorry my phone is off by Z00L00K · · Score: 1

      Just drop the phone and place a chair leg in the display accidentally.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    4. Re:sorry my phone is off by stephanruby · · Score: 4, Informative

      This is the same for any Android phone that has fingerprint recognition.

    5. Re:sorry my phone is off by K.+S.+Kyosuke · · Score: 1

      Does the display store the sensitive information?

      --
      Ezekiel 23:20
    6. Re:sorry my phone is off by Z00L00K · · Score: 1

      Push hard enough and you puncture the battery - with corresponding audiovisual effects.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    7. Re:sorry my phone is off by Sir+Holo · · Score: 1

      if the iPhone reboots, the key code must be entered as touchID does not work. Passwords are still protected by the 4th amendment in the US, right?

      Beautiful! The perfect reaction to hearing of any such dragnet-style announcement should be to power-down you iPhone.

      Alternatively, download your local ACLU's App. "CA Justice", for example, will record everything. If anyone attempts to operate the phone, it will automatically upload the collected A/V to an ACLU server, and provide you with a reference # in case you need to find it later. As in, "Officer, I do not give you permission to operate my phone. If you do, it will automatically upload our entire conversation to an ACLU server...", which is out of my or your control, and cannot be erased. Then, the first chance that you get, you either power it down, or if they confiscate it, use iCloud's "I lost my iPhone" to nuke it remotely.

      Or just keep some sandpaper handy at all times...

    8. Re:sorry my phone is off by dywolf · · Score: 1

      interesting intersection of precedent and new technology, where the new technology calls into question the validity of the precedent.
      ultimately the precedent has value, and continues to do so (ie, fingerprinting or identifying a person).
      but this new application is clearly a step too far.
      but how to legally justify a contradiction to the precedent without upending it?

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  6. Something you have, something you know by jenningsthecat · · Score: 5, Interesting

    It's been said countless times here. Requiring both a fingerprint and a passcode would have protected phone owners from this fishing expedition.

    As for the greater ramifications of the unprecedentedly broad warrant that was issued, well, I'm glad I'm not a US citizen and don't live there. And I'm increasingly reluctant to travel there as well, precisely because of things like this. America has become a scary, scary place.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    1. Re:Something you have, something you know by phantomfive · · Score: 1

      As for the greater ramifications of the unprecedentedly broad warrant that was issued, well, I'm glad I'm not a US citizen and don't live there. And I'm increasingly reluctant to travel there as well, precisely because of things like this.

      Where do you live that you think is better?

      --
      "First they came for the slanderers and i said nothing."
    2. Re:Something you have, something you know by Dunbal · · Score: 1

      Probably somewhere that has a little less security and a little more liberty.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Something you have, something you know by Anonymous Coward · · Score: 1

      Probably somewhere that has a little less security and a little more liberty.

      You forgot the quote marks around the word "security".

      You know who else had more "security"? It would be funny if it weren't so sad and if your increased "security" didn't have so much fallout on the rest of us.

    4. Re:Something you have, something you know by Anonymous Coward · · Score: 1

      Yeah! That's right!! USA FTW!!!

      Wait... Let me think.

      Umm, actually; Canada, France, Germany, Holland, UK...

      Don't get me wrong, I love me some good old 'mom and apple pie', but the US makes me very sad these days. I lived in the US for 30 years and finally left about 10 years ago. It has just gone downhill from then and shockingly fast. I no longer visit thanks to the TSA. At this point the USA is sketchy as fuck. See: Everyone got guns, and the impression is that schools and movie theatres are where they are used most. Border searches, no fly list, Islamophobia, militarised police, brutal racism, dysfunctional healthcare system, for profit prisons, crumbling infrastructure... That's just a start.

    5. Re:Something you have, something you know by thegarbz · · Score: 1

      Where do you live that you think is better?

      You're kidding right? The USA has shown itself as of late to have nothing going for it. Freedoms no longer exist, due process no longer exists, it's not the best place for education, health, the division of wealth is simply staggering compared to many other countries, and the chicks in Sweden are far hotter.

    6. Re:Something you have, something you know by flyingfsck · · Score: 2

      The Underground Railroad has always run from the USA to Canada. People have been voting with their feet for centuries.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    7. Re:Something you have, something you know by phantomfive · · Score: 1

      Sweden won't force you to unlock your phone with your finger? Are you sure?

      --
      "First they came for the slanderers and i said nothing."
    8. Re:Something you have, something you know by thegarbz · · Score: 1

      No but in Sweden their English is good enough realise that the only reference to Sweden in my post was related to their women, not their phones.

    9. Re:Something you have, something you know by houghi · · Score: 1

      Hello, please give us you passcode AND your thumb, or you will be detained for a period of time during working hours. That means you will not be able to get to work and you will likely be without a job very soon.
      To help that along, we will call your employer to say that you have been detained concerning a childporn investigation. Do not say anything to anybody, because then we will be angry and I or anybody in the department if I get thrown in jail, will go after you and destroy your life.
      You have 5 seconds to comply.

      --
      Don't fight for your country, if your country does not fight for you.
    10. Re:Something you have, something you know by Lord+Flipper · · Score: 1

      ...Don't get me wrong, I love me some good old 'mom and apple pie', but the US makes me very sad these days....

      You're lucky you had a place to go back to. Most US citizens, like myself, unless they're rich, unlike myself, are stuck here. Other countries favor rich immigrants, unless you're a sanctioned refugee from some western power-created hellhole, somewhere.

      I lived in Canada for nearly 30 years, and never bothered to upgrade my permanent residency to full citizenship, went back to the States for a supposedly "brief" business adventure, and the Trade Center thing went down, our business tanked almost instantly (for no "connected" reason whatsoever), and the next thing I knew I'd overstayed outside Canada, and now I'm still here...

      We're selling our house in California, and sliding into either Vermont or Washington... It's a nasty compromise, at worst, and possible launchpad for a little late-life razzle-dazzle border jumping, at best... we'll see...

    11. Re:Something you have, something you know by strikethree · · Score: 1

      It's been said countless times here. Requiring both a fingerprint and a passcode would have protected phone owners from this fishing expedition.

      How about just fucking saying "No! I will not submit to your abusive warrant. Fuck you and your legal shenanigans. Throw me in jail to rot mother fucker. You can't throw everyone in jail without impacting your own quality of life mother fuckers."

      In reality only 10s of thousands need to rot in jail before everyone else rolls over and shows their yellow belly.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  7. Re:The consumer market needs military-grade securi by Anonymous Coward · · Score: 3, Insightful

    Before that, you need a government that respects the citizens and the rule of law. Without that, everything else will be at risk.

  8. Give 'em the middle finger by Anonymous Coward · · Score: 1

    Android and iOS should let you designate a self-destruct fingerprint - one that when used wipes your device.

    1. Re:Give 'em the middle finger by grasshoppa · · Score: 2

      Absolutely right. Most alarm systems have a "Panic" code which appears to disarm the alarm, but in fact sends out a panic signal and notifies the cops. A "self-destruct" finger print would be in the same vein.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    2. Re:Give 'em the middle finger by Z00L00K · · Score: 1

      Just have a means to puncture and short the battery, just don't do it in your pocket.

      A fire evacuation has a tendency to disrupt any search by cops.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:Give 'em the middle finger by flyingfsck · · Score: 1

      If a device is encrypted, then you need not destruct it. Just turn it off.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
  9. The judge fucked up, and should be disbarred. by jcr · · Score: 5, Insightful

    This is an obvious violation of the fifth amendment, and the judge who issued the warrant isn't qualified to practice law in the united states.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:The judge fucked up, and should be disbarred. by Anonymous Coward · · Score: 2, Insightful

      Should be tarred and feathered at a minimum.

    2. Re:The judge fucked up, and should be disbarred. by Anonymous Coward · · Score: 5, Insightful

      "...and the judge who issued the warrant isn't qualified to practice law..."

      Note the very careful wording, both in the Warrant, (Which has yet to surface...), and the reporting about it. There is far more to this case than appears.
      -No _person_ was charged or implicated either before or after the Warrant was issued and served. The Judge has not been named.
      -The reason(s) for obtaining the Warrant has not been released.
      -One witness has come out and expressed confusion; she claims not to know why she was ordered to comply. No explanation was given to her, and she has witnesses to this.

      This seems to be a Fishing Expedition gone horribly wrong, and the Judge isn't the only one who is blameless. Somebody wanted very much to have this happen, most likely for "National Security" reasons. (Unpaid Parking Tickets seems unlikely, at least for now.) And indeed if that is the case, we may never know any more. The Law Enforcement Industry likes to keep mum on their screwups.

      Too much attention is being paid to the How, and not enough people are asking Why?

    3. Re:The judge fucked up, and should be disbarred. by jcr · · Score: 2

      I've often said, we'd only have to do that to a handful of those assholes every couple of years or so to make most of them clean up their act.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:The judge fucked up, and should be disbarred. by Anonymous Coward · · Score: 1

      The Fifth Amendment doesn't say anything about searches or warrants.

    5. Re:The judge fucked up, and should be disbarred. by tgv · · Score: 1

      This is what you can expect in a country where money is considered free speech.

    6. Re:The judge fucked up, and should be disbarred. by freeze128 · · Score: 1

      Isn't that what the Second Amendment is for?

    7. Re:The judge fucked up, and should be disbarred. by thegarbz · · Score: 1

      This is an obvious violation of the fifth amendment

      If it's so obvious I'm keen to hear your analysis of why. After all there are several here who say that it's not a violation of the fifth at all, and a least one post shows it's more likely a violation of the fourth.

    8. Re:The judge fucked up, and should be disbarred. by K.+S.+Kyosuke · · Score: 1

      The cool and unusual punishment?

      --
      Ezekiel 23:20
    9. Re:The judge fucked up, and should be disbarred. by rahvin112 · · Score: 2, Insightful

      I doubt it's national security, it's most likely a drug case. Other crimes just don't pay the cops as well as drug crimes. This won't change until civil forfeiture goes away.

    10. Re:The judge fucked up, and should be disbarred. by John.Banister · · Score: 1

      When a Fishing Expedition goes horribly wrong, you end up tied to a dock for a couple of weeks waiting on parts while others catch the fish you were intending to catch. I hope all the publicity helps this situation play out similarly.

    11. Re:The judge fucked up, and should be disbarred. by Bing+Tsher+E · · Score: 1

      They used to do stuff like that in the Old South.

      Maybe you're wishing for something that some of us would oppose.

    12. Re:The judge fucked up, and should be disbarred. by Bing+Tsher+E · · Score: 1

      Who are these others out catching the fish you were intending to catch? More cops? Your analogy just self-destructed.

    13. Re:The judge fucked up, and should be disbarred. by jcr · · Score: 1

      They also did it in Boston against the crown's tax collectors, and fuck you for trying to smear me.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    14. Re:The judge fucked up, and should be disbarred. by jcr · · Score: 1

      The 2nd amendment is for the right of states

      WRONG.

      The militia is cited as one reason to prohibit the federal government from disarming us, but the amendment doesn't even presume to be granting the right. It acknowledges it as pre-existing.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  10. how about 4A by ooloorie · · Score: 1, Insightful

    The government argued that this did not violate the citizens' Fifth Amendment protection against self incrimination

    It seems to violate the 4A, the one protecting citizens against "unreasonable search and seizure".

    Of course, both Bush and Obama pretty much have done away with such niceties. Hillary will continue their "noble" efforts, and kill off the 1A and 2A as well.

    1. Re:how about 4A by RightwingNutjob · · Score: 2

      "I have a signed warrant to search your house for drugs/guns/cash, please open your fingerprint-protected safe"

      Which part of that violates the Constitution?

    2. Re:how about 4A by chromaexcursion · · Score: 2

      4th and 5th . just say no

    3. Re:how about 4A by mysidia · · Score: 4, Insightful

      That's not what they did.

      It's more like you had a party at your house with 50 people, and the police got a warrant to search your house,
      that included a clause "allowing" them to search the fingerprint-protected safe of any person who was at your party

      scope that allowed them to force anyone inside the premises at the time ....

      Contrast that against the Fourth amendment's requirements:

      supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Note that the constitution requires that warrants describe particular people or things.

      It's Unconstitutional and Illegal/violation of the supreme law of the land to have a "generic search" or a "generic warrant document"
      allowing police to search and seize or disseminate the personal property of ANY random person they happen to find at place X.

      The constitution requires they have made a specific list of people to search people, or a specific list of things to search objects not in peoples' personal affects.

    4. Re:how about 4A by Loki_1929 · · Score: 1

      Exactly. Unless you have my name on your warrant and have a reasonable suspicion backing that warrant, you can do a cursory safety check and then go fuck yourself. I'm not doing anything wrong and I live in a country where I don't have to prove that. And for what it's worth, every police officer I've counted as a friend hates this kind of fascist crap.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    5. Re:how about 4A by Z00L00K · · Score: 1

      A: "Sorry, it's not my safe - I only house it for a friend."
      Cop: "Who's your friend"
      A: "I'd take the 5th on that".

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    6. Re:how about 4A by Z00L00K · · Score: 1

      Maybe it's time to do a clean-up there then.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    7. Re:how about 4A by K.+S.+Kyosuke · · Score: 1

      Just say no to drugs...enforcement administration?

      --
      Ezekiel 23:20
    8. Re:how about 4A by Calydor · · Score: 2

      I'm a little curious, how does the fourth amendment work together with Stop And Frisk practices?

      Is it feasible that the police could get a warrant to search a building, and then claim that anyone found in the building is 'suspicious' and they checked them out 'just in case'?

      --
      -=This sig has nothing to do with my comment. Move along now=-
    9. Re:how about 4A by Kjella · · Score: 2

      supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      You are reading way too much into this. If the police get a warrant to search a particular house for drugs that is a specific warrant. If it were all houses or to search for any contraband that would be a general warrant and unconstitutional. When they exercise that warrant they're going to search the whole house with everyone's belongings, they don't have to go through the coat rack and assign ownership first then come back with one warrant for Alice's jacket, one for Bob's jacket and not search Eve's jacket because she was just visiting. If they tried to search a whole apartment building because of one occupant that would probably be overreaching, but they don't have to be extremely particular either. And they may search anywhere drugs may be hidden, the only limitation is things obviously out of scope like opening letters, playing movies and other actions that can't possibly lead to the discovery of drugs. But if the evidence could be on the phone, the phone is free game.

      I think the same goes with crowds, if it's two room mates they'll search it all even though eventually it might turn out only one sold drugs and the other was innocent. But searching a thousand people at a concert even though you have compelling evidence someone is selling drugs is probably not reasonable, though I can't find any precedent on how strong individual suspicion is necessary. If you're say raiding an illegal gambling club it might be reasonable to suspect all of illegal gambling no matter the size. Now this search may led to finding evidence of other crimes like illegal guns and anything they find specified in the warrant or not may give probable cause for arrest, but that is fine because they're not part of the premise for the warrant. The only time you need to name a person is when issuing an arrest warrant because you intend to seize that person, since you can't have a general warrant to arrest people. That said, we have some gray areas surrounding terror organizations where mere membership is criminalized that is bordering on general arrest.

      --
      Live today, because you never know what tomorrow brings
    10. Re:how about 4A by rahvin112 · · Score: 3, Interesting

      They couldn't force you with out the lead pipes and rubber hoses, fortunately those aren't allowed in the US yet. What you do in a situation like this is refuse to comply, force them to arrest you and spend the night in jail so you can call the ACLU and get the warrant tossed.

      See they get away with it because no one refused to comply. Once everyone in the building complies there is no effective way to sue them and set a precedent that will stop this happening again. When they arrest you they move the warrant to the next stage and you now have grounds to sue them over the warrant that you don't have if you comply.

      Sometimes standing up to illegal orders is hard, including being arrested hard. Know your rights and refuse illegal orders like this (yes I recognize the warrant was technically legal because it hadn't been challenged). Then use the arrest to go after them and make sure it never happens again.

    11. Re:how about 4A by mrchaotica · · Score: 3, Interesting

      force them to arrest you

      So, effectively ruin your life? By doing that, you not only get into databases that you might have had some chance avoiding otherwise, you also fuck over your chances of ever having a decent job again (unless you happen to be in a career such as activist or journalist where getting arrested is respected instead of condemned). HR departments are too stupid and lazy to know or care about the difference between getting arrested because you're a criminal and getting arrested because the police are criminals.

      In the totalitarian police state of America, it's injustices all the way down.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re:how about 4A by Kjella · · Score: 1

      They couldn't force you with out the lead pipes and rubber hoses, fortunately those aren't allowed in the US yet. What you do in a situation like this is refuse to comply, force them to arrest you and spend the night in jail so you can call the ACLU and get the warrant tossed. See they get away with it because no one refused to comply. Once everyone in the building complies there is no effective way to sue them and set a precedent that will stop this happening again.

      Why not? If you think they have an illegal warrant, you sue them as if they had no warrant. Same way you don't sue GPL violators for copyright infringement and not breach of contract, because you have no proof they agreed to the license. They will bring out the warrant and say it's okay, we had a warrant. Then you can challenge it and appeal any dismissals. I wouldn't do it without the ACLU, EFF or someone like that bankrolling it, but it seems to carry less risk since if your challenge fails you were never "rightfully" arrested and perhaps even charged with obstruction of justice. I strongly doubt "Scary guys with guns and fancy papers said I had to or be arrested so I did" counts as consent, immediate compliance does not mean you lose your right to challenge it after reviewing with legal counsel. Same way I'm not about to argue with a SWAT team breaking down the wrong door, I'd comply perfectly. Then sue the shit out of them.

      --
      Live today, because you never know what tomorrow brings
    13. Re:how about 4A by currently_awake · · Score: 1

      Waterboarding uses rubber hoses, and that's allowed in the US. If that's not a sufficient level of cruelty they send you to Saudi Arabia to be tortured.

    14. Re:how about 4A by ooloorie · · Score: 1

      I have no idea which part of your fabricated example violates the constitution, since you just fabricated that example.

      In the real case we are discussing here, "everybody on premises needs to unlock their phones and have them searched" does not seem reasonable. It sounds like a fishing expedition, rather than a targeted criminal investigation.

    15. Re:how about 4A by fahrbot-bot · · Score: 1

      A: "Sorry, it's not my safe - I only house it for a friend."
      Cop: "Who's your friend"
      A: "I'd take the 5th on that".

      Off topic, but your comment reminded me of this exchange from the movie, The Pink Panther Strikes Again (1976) with Peter Sellers as Inspector Clouseau:

      • Clouseau: Does your dog bite?
      • Hotel Clerk: No.
      • Clouseau: [bowing down to pet the dog] Nice doggie.
      • [Dog barks and bites Clouseau in the hand]
      • Clouseau: I thought you said your dog did not bite!
      • Hotel Clerk: That is not my dog.
      --
      It must have been something you assimilated. . . .
    16. Re:how about 4A by david_thornley · · Score: 1

      The Fourth prohibits unreasonable search and seizure. Clearly, the "seizure" part is violated with civil forfeiture, and I'd love to see the Supreme Court acknowledge that sometime. Stop and Frisk itself is constitutional, as long as the police have enough reason to suspect, but the application in New York was held unconstitutional.

      The police probably can find a judge that would issue such a building warrant. Whether it would stand on appeal is another matter. If the police hold everyone at the scene, they can frisk everyone for weapons.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    17. Re:how about 4A by strikethree · · Score: 1

      In the totalitarian police state of America, it's injustices all the way down.

      I can't wait for someone to toss out the "you should have voted. it is all your fault for either not voting or voting for the wrong person" or even worse, "it is you and your fellow citizens that allowed this to happen. voting could have changed it. I know you voted but the rest have dragged you down."

      Nothing but death will solve this. Lots and lots of deaths. The experiment is over. The evil people have won. Burn the whole fucking thing down.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  11. Re:13th ammendment by ooloorie · · Score: 1

    You can be compelled to serve the judiciary; after all, jury duty is a lot more onerous than unlocking your phone.

  12. Re:The consumer market needs military-grade securi by hattable · · Score: 1

    That is literally the solution to almost all tech problems. (No sarcasm). Bad access control and [insert random] encryption problems keep people like me employed.

    --
    OMG facts!
  13. Your honor, I object! by fustakrakich · · Score: 1

    Too bad nobody else does...

    --
    “He’s not deformed, he’s just drunk!”
  14. That judge failed history by Anonymous Coward · · Score: 5, Insightful

    That is the very definition of a "general search warrant".

    General search warrants are the very reason the Fourth Amendment was written. They are categorically banned in the Constitution.

    The judge must be a Redcoat.

    1. Re:That judge failed history by micahraleigh · · Score: 1

      Should have been in the summary.

  15. This is mostly a Red Herring by RubberDogBone · · Score: 5, Interesting

    Fingerprints are an inherently insecure way to 'secure' a device of any kind because there are techniques to obtain latent fingerprints, which we all leave everywhere anyway, and use them to make a replica fingerprint which will open devices, security doors, phones, whatever, which is supposedly secured by said prints.

    If you secure anything with fingerprints as your sole method of security, you have accepted having no security. It's a really bad way to secure anything unless you just don't care.

    A normal search warrant already gives the police the right to obtain those latent prints and, hell, make you submit to fingerprinting on the old ink pad or the new electronic scanners. The same warrant also gives them the right to seize the devices that they wish to open.

    Apparently the cops think they don't have the right to go through the steps to make a replica print and get the device to open. They are manufacturing something rather than just looking at the evidence. Personally I don't see a hill of difference here between that need and a police raid that seizes a padlocked box for which the police are unable to find a key. They would get a locksmith to open it, or more likely, cut the lock. So you have a locked phone. Make a replica print. Done.

    This fingerprint warrant just sounds like they didn't want to spend time on doing it the hard way. Or they were after something else.

    --
    Sig for hire.
    1. Re:This is mostly a Red Herring by chromaexcursion · · Score: 1

      you're right, but in this case, it's my opinion the local cops are a bunch of stooges. they have no clue. the local prosecutor, same.
      It doesn't help when the reason local law enforcement can't deal with it because they're stupid.

      caveat. I know a lot of talented people in the law enforcement side, whom I respect immensely. this is a bad apple problem.

    2. Re:This is mostly a Red Herring by Z00L00K · · Score: 1

      There's even a Mythbusters episode on that.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:This is mostly a Red Herring by BlueStrat · · Score: 1

      Or they were after something else.

      Bingo!

      This totally illegal general warrant/search is just too far beyond the pale and smells like a panic move by someone in local LE and/or a local politician/bureaucrat who thinks they may have been caught doing something or being somewhere they shouldn't, but the only clue they had to the identity of the person with the possible evidence was seeing the person walk into this building they searched. Now, if this anonymous 'building' was a news/media outlet, it gets even juicier.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    4. Re:This is mostly a Red Herring by King_TJ · · Score: 1

      Except the public is led to believe that securing a device with a fingerprint is, in fact, practical and reasonably ok security. I remember when it was quite common for a phone answering machine to be secured with only a 2 or 3 digit code. (The devices often wouldn't even support using a longer one if you wanted to.)

      That led to some problems with people getting access to ex-girlfriends/boyfriends/husbands/wives machines and listening in on messages or maliciously erasing them, etc. But still, it provided enough security to stop the casual would-be tamperer from messing with your machine. (Even with only a 2 digit code, you would quite likely have to call back dozens of times to guess it -- and that might lead to the owner becoming aware you were trying to guess it, if he/she came home and heard the phone ringing over and over like that.)

      The fingerprint requirement is certainly more secure than some 2 digit code.... and it's so convenient, I can see why phone owners would like to use it. Entering a long PIN or password every time you need to unlock your smartphone gets really tedious, especially if you just need to access a single app quickly.

      I think the real lesson here is that the law needs to be reviewed, to ask why it's ok for police to make a blanket demand for people to unlock their phones for them? We all know smartphones are repositories for such a wide variety of information (even with full search functionality), that asking someone to unlock one with even a fingerprint amounts to asking to view a LOT of personal, private data that a warrant should explain WHY they're trying to get their eyes on it.

    5. Re:This is mostly a Red Herring by stoatwblr · · Score: 1

      " this is a bad apple problem."

      In the case of _real_ bad apples, farmers take steps to detect and remove them as quickly as you can, because the rot in a bad apple is contagious to the rest of the crop. They usually disinfect the surrounding apples as a precautionary measure (if not remove them entirely).

      This is analagous to what happens in policing too, however the problem is not so much "a" bad apple, as the covering for that bad apple and the subsequent rapid spread of the rot to the entire group. It doesn't take long before the entire group is bad apples, with any remaining good ones at high risk of becoming bad ones with every hour of continued exposure.

      "Good cops" do not cover for bad cops. Doing so demonstrates that they're no longer "good cops" - and it's worth nothing that "bad guys" never believe that they're "bad guys" in the same way that good people can be manipulated into doing evil things without even realising what's happened if the right buttons are pushed in the right sequence over a long period.

      Policing in the USA has become so corrupt that it attracts precisely the kinds of people who are fundamentally unsuited to the position and they're not being weeded from the selection process because those in a position of power to do so are of the same ilk. Other countries have been through this and are cleaning up, but at the moment there's massive resistance within the USA to even admitting there's a problem, let alone addressing it.

  16. It's a 4th amendment issue by mysidia · · Score: 5, Insightful

    Unreasonable search and seizure

    A search warrant for building contents is fine.

    Searching the personal affects of every person just because they happened to be present is not reasonable.

    The constitution requires a specific warrant. Searching someone's person constitutionally requires that person be named in the Warrant.

    Merely being present at a place of work or being at a restaurant or other public place is not probable cause for a search of someone's person.

    1. Re: It's a 4th amendment issue by Anonymous Coward · · Score: 2, Interesting

      I think a quote from Benjamin Franklin applies: "Those who surrender freedom for security will not have, nor do they deserve, either one."

    2. Re:It's a 4th amendment issue by mysidia · · Score: 1

      The constitution only says "described."

      It doesn't say just described; it says particularly described

      particularly (Adv) - in a particular manner; specifically; individually.

      That means you can't write a search warrant that jut says "Search and seize cell phones from the person of anybody on premise."

      The level of detail required is: "Search and seize iPhones belonging to Bob"

  17. Easy to get around by Locke2005 · · Score: 1

    When first turned on, my Samsung phone won't unlock by fingerprint, it requires a passcode. Just turn your phone off upon seeing the warrant! Seems strange that they can compel a fingerprint but not a password.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Easy to get around by wvmarle · · Score: 1

      It's probably the difference between something you have, and something you know. The first is covered by the search warrant (the right to search and look at everything - including the fingerprint), the second not (you're not required to give information, e.g. on where to find things - and the password).

    2. Re:Easy to get around by ArtemaOne · · Score: 1

      It's only covered by the warrant if specified. If generalized, then no, that is an unconstitutional warrant. Per the 4th amendment. But turning the phone off to trigger the password/passcode transfers it to the 5th amendment territory.

  18. Another obvious defense against this by Locke2005 · · Score: 4, Interesting

    You have 10 different fingers you can use to fingerprint-lock your phone. Most phones lock up after 5 tries. Can they compel you to use the correct finger? How many times can they force you to try and fail before it is effectively unlawful detention?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Another obvious defense against this by Anonymous Coward · · Score: 3, Insightful

      Probably just one before it's okay for them to arrest you. One of those situations where "wrong finger" more than once will be taken as resisting arrest.

      Why resisting arrest?

      Because it's what they're about to scream you're doing once you're unconscious

    2. Re:Another obvious defense against this by Just+Some+Guy · · Score: 4, Interesting

      I want a "panic" finger such that it displays a "could not read fingerprint - try again" message and then immediate sets "allow_unlocking_with_fingerprint=False" internally so that a password is required. Make it indistinguishable from the usual unlock failure message so that it's impossible to tell that it was triggered (even by examining the on-device logs, if that's possible).

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Another obvious defense against this by david_thornley · · Score: 1

      Revealing which finger to use would seem to me like revealing a PIN, since it involves personal knowledge as well as having the right finger. The police may not appreciate the distinction, though.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Seems like violating the 4th amendment, not the 5t by raymorris · · Score: 5, Insightful

    We have very little information to go on. I'd like to read the actual warant and know the cirumstances, but based on the article it seems like a violation of the FOURTH amendment. The cops are supposed to have a warrant, based on probable cause, describing what particular things they are searching for and where, and why they think those things are in that place.

    I can't imagine a probable cause to believe that everyone in the building has some specific evidence on their phone. Thus the search itself is unconstitutional under the fourth, with or without a fingerprint.

    The fifth says you don't have to testify against yourself. It doesn't say you can't be fingerprinted. Thus I see no *fifth* amendment violation, though it seems like a rather onerous *fourth* amendment violation.

  20. Must be drunken with arrogance by no-body · · Score: 2

    and full of themselves to pull this off...

  21. Re: Seems like violating the 4th amendment, not th by chaboud · · Score: 2

    However, they don't take your fingerprint and use that information to unlock your phone. They instead compel you to interact with a device. The question for the appellate court (and then supremes) will be whether this is compulsion of a testimonial act.

  22. Chat and trace by AHuxley · · Score: 1

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
    The color of law seems to device power on requested at a boarder crossing or internal boarder checkpoint to affirm citizenship.
    The really bad news is in the network information collected on power on if a IMSI-catcher is the most powerful and first network found.
    A warrant should be for one person or that parsons residence or their devices moving around the USA.
    If this can be done to a building what not a part of a city? A town? A village? A parish or part of a state?
    Every later chat down in the USA could now be a request to turn on a device and offers network traffic capture.
    This also points to very interesting network, telco, device hardware and software questions. What is it about device power on in the USA that gives the government so much confidence?

    Time to just carry around a low cost flip phone with no internal data, records or logs. It turns on and is telco connected when confronted. Keep the actual nice, new fashion phone totally unseen in a vehicle or residence to offer another layer of constitutional protection.
    Consider walking as if going passing an external boarder within the USA at all times and expect a total lack of protections when the low cost phone is requested or visible.
    Get a work only phone so that any requests then have the legal burden of been connected to a larger legal entity.
    Only use the good phone in private away from windows (physical and OS ;) ).

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Chat and trace by AHuxley · · Score: 1

      AC you may recall
      'Homeland Security Border Agents Can Seize Your Phone" https://yro.slashdot.org/story...
      Securing Your Notebook Against US Customs https://yro.slashdot.org/story...
      The Legal Purgatory at the US Border: Detained, Searched, and Interrogated
      https://yro.slashdot.org/story...
      The ability to demand a device powers on, once a boarder issue is now becoming a domestic issue.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Chat and trace by Z00L00K · · Score: 1
      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    3. Re:Chat and trace by John.Banister · · Score: 1

      As an alternative to the flip phone, you could get a $30 BLU Dash Jr, then install a copy of EDS Lite and a securely encrypted copy of the goatse.cx page. When they ask about the encrypted file, you could tell them it's information of a personal nature that you obtained via the internet, and you'll very likely be happy to assist with decrypting it, after you consult with an attorney, of course.

  23. Re:13th ammendment by Z00L00K · · Score: 1

    On a jury you can always cause obstruction or at least mess up things a little by having a different opinion compared to the others.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  24. Re:Seems like violating the 4th amendment, not the by rastos1 · · Score: 1

    The fifth says you don't have to testify against yourself. It doesn't say you can't be fingerprinted

    Let's say I agree to be fingerprinted. That means I'll let them put the ink on my fingers and I'll press my fingers against the paper sheet. Good. Now they are free to try using that paper (or a digital scan of that, or whatever) to unlock my phone.

  25. It was a premises warrant. by tlambert · · Score: 5, Informative

    In a premises search, they can compel an unlock of phones by fingerprint, assuming you lock your phone that way.

    The specific legal decision was the 1988 John DOE, Petitioner v. UNITED STATES. 487 U.S. 201 (108 S.Ct. 2341, 101 L.Ed.2d 184) decision.

    It came down to whether on not an affirmative action was required on the part of someone, or if it was a non-affirmative action. Use of a key on a safe or lockbox is not affirmative. Being forced to enter the combination is not affirmative; it's tantamount to compelled testimony.

    Here's the part of the decision of interest:

    A defendant can be compelled to produce material evidence that is incriminating. Fingerprints, blood samples, voice exemplars, handwriting specimens, or other items of physical evidence may be extracted from a defendant against his will. But can he be compelled to use his mind to assist the prosecution in convicting him of a crime? I think not. He may in some cases be forced to surrender a key to a strongbox containing incriminating documents, but I do not believe he can be compelled to reveal the combination to his wall safe —- by word or deed.

    Moral of this story: use a pin code, rather than using the fingerprint unlock. It may be a cool feature, but it offers you no legal protection.

    1. Re:It was a premises warrant. by tlambert · · Score: 1

      He may in some cases be forced to surrender a key to a strongbox containing incriminating documents, but I do not believe he can be compelled to reveal the combination to his wall safe —- by word or deed

      Meaning the fingerprint gathering for the use of opening the phone is tantamount to compelled testimony in the general case, while the fingerprint gathering for the use of identification and matching is not.

      Keys don't change. Fingerprints don't change. A biometric identifier is therefore not affirmative.

      Combinations can change. Pin codes can change. Utilizing either requires active participation in a process. And is therefore affirmative.

      Fingerprint usage is therefore tantamount to using a key, and if you are stupid enough to use a biometric identifier as an access method, you've picked a non-affirmative access method.

    2. Re:It was a premises warrant. by JesseMcDonald · · Score: 1

      Keys don't change. Fingerprints don't change. A biometric identifier is therefore not affirmative.

      Which finger you use to unlock the device, however, can change and should be considered affirmative, just as if it were a (single-digit) PIN code. If they have the authority to collect fingerprint samples and to seize your device then I see no reason why they wouldn't have the authority to use your own device to collect the samples—but they have to decide which finger(s) to press against the sensor, not you, and the device will only allow so many errors before it disables fingerprint unlocking altogether.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  26. This may be too obvious a question... by Damouze · · Score: 1

    But what if you do not use the fingerprint locking features?

    --
    And on the Eighth Day, Man created God.
  27. from a legal view by Casandro · · Score: 1

    Fingerprints are something you own not something you know. It's much easier for the police to take things from you than to extract knowledge from you.

    It's a bit weird to get through all that hassle as your fingerprints are probably on the phone itself. (or on a nearby object)

  28. Bending the rules by government issue by lapm · · Score: 1

    Since government likes to bend rules, maybe its time to seriously consider removing fingerprint locking from phones entirely... Slef incriminating protection is about handing over damaging evidence, it should not matter how that evidence is accessed... If i lock my phone with fingerprint/password/etc... i have expectations of privacy...

    1. Re:Bending the rules by government issue by hyades1 · · Score: 1

      Don't make the mistake of equating "the government" with "law enforcement". Even during times when elected officials have been scrupulous about civil rights, the police and various spy agencies have pushed the limits vigorously and continuously. When they eventually get slapped down by the courts, their loss is accompanied by well-publicized claims that we've all exposed our children to slaughter by (fill in the fear of the moment...terrorists, violent house-breakers...whatever). And, of course, the contention that limp-wristed judges are letting killers walk free.

      The US made a huge mistake when it passed the "Patriot Act" (the best example of Orwell's "Newspeak" in recent history). Sooner or later, Americans will have to stand up and choose between freedom and total security...or lie down just like they've been doing and have the choice made for them.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
  29. 5th amendment and it would seem so yes by Sycraft-fu · · Score: 3, Informative

    It isn't 100% clear, there is no cut and dried supreme court ruling and there have been some conflicting lower court rulings but in general the opinion of the courts seems to be that you can't be forced to hand over a password/code/etc because that is something in your head, which falls under 5th amendment protections against self incrimination.

    The 4th amendment is what would be used to challenge a broad search warrant like was issued in this case. Without knowing the specifics I can't say for sure but this sounds like it would be an illegal search since it was a general warrant and that isn't allowed. The police aren't (supposed to be) able to get a warrant to just search anyone or anything in a given place, they have to be specific. This doesn't sound like it was, and so would probably be a 4th amendment violation.

    1. Re:5th amendment and it would seem so yes by strikethree · · Score: 1

      The police aren't (supposed to be) able to get a warrant to just search anyone or anything in a given place, they have to be specific. This doesn't sound like it was, and so would probably be a 4th amendment violation.

      It is only going to get worse. Nothing will be done about this. The media will not touch it. Each overreach that happens is merely followed by another.

      Are you old enough to remember congress saying no to gathering up all of the separate databases and connecting them for government abuse, erm, I mean use? Yeah. So, that didn't work out so well. Slam a few planes into a few buildings and you get what you want.

      This world, and the United States in particular, is devolving into an Orwellian nightmare with Mengelian qualities. Yes, I just Hitlerized this.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  30. That's not what they did though. by Sycraft-fu · · Score: 1

    They went in and searched everyone's phones. Unless there's an important detail we aren't being told here, that's unconstitutional. The 4th amendment says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    The important part there is "particularly describing the place to be searched, and the persons or things to be seized." That is in there specifically to ban general search warrants. The idea is the police can't go to a judge and say "We think there is something illegal in a house somewhere in this 500 home neighbourhood, we'd like a warrant to search the houses," and the judge issues them a blanket warrant allowing them to search any home there, and look through anything in said home. That isn't allowed. They have to say specifically where it is they want to search, and what it is they are looking for, and also why they have probable cause to believe that what they are looking for is there.

    If you read the article they say right at the bottom "I think it's very questionable whether the 4th Amendment" -- which protects citizens against unreasonable search and seizure -- "allows such an open-ended extension of the search warrant."

  31. Re: Seems like violating the 4th amendment, not th by Anonymous Coward · · Score: 1

    Surely a fingerprint taken for identification purposes is personal information, solely taken for that purpose. There are (at least in principle) increasing controls for the use of personal information and I can't see why a fingerprint taken for this purpose could be legitimately used elsewhere.

    With respect to fingerprint access to a phone, surely this is being used as a substitute for a password and therefore should be treated appropriately? I don't see this as being niave as I thought the US constitution was to protect citizens. I appreciate that the parent said that this is a 4th amenedment violation. Not being a US citizen I'm more familiar with my own countries constitution. Could this have been some slight of hand by the people doing the search suggesting this was not a violation of the 5th to confuse people?

  32. Will the Phone-Makers Sue the Federal Government? by ytene · · Score: 1

    There are clauses written into the recent, secretly-drafted international trade agreements (like TTIP and CETA) which allow a commercial company to sue the government of any signed-up nation, if that government acts in a way that harms the profits of the company. Yes, this is totally retarded, but then that's what you get when you allow companies to write laws.

    Just wondering, however, if any legislation like this already exists in the United States? Companies like Apple might be able to use it against any government that makes such a sweeping action as the one described in the linked article. The reason is simple: if Apple promote the use of the fingerprint technology as enhanced security for their device - and if people purchase that device because in part of it's enhanced security - then the actions taken by the FBI in this case [effectively circumventing that technology] devalues the technical solution. So Apple and other companies may have poured thousands or millions of dollars into developing technology for their phones which has just been rendered obsolete by a government over-reach...

    Although, having said that, an entire *building*? I can't imagine that any court would sign a warrant unless the building was, say, a House-In-Multiple-Occupation. This could not stand against an office block, or an apartment building.

    One more thing. You have to ask: what led the investigators to the location of the building? I'm guessing Stingray, or equivalent? Any admission of use? Or does this just go to prove that Stingray is part of "dragnet surveillance" in which everyone is guilty until proven innocent...

  33. Re:The End of Biometrics by anarcobra · · Score: 1

    About time.
    Using biometrics as a replacement for passwords was always a stupid idea.
    At best they can be used to replace a username.

  34. Re:The consumer market needs military-grade securi by CrimsonAvenger · · Score: 1

    (1): Some form of secure (preferably cloud-stored) backup/restore mechanism with appropriate encryption and access protection mechanisms, and

    Note that a cloud-stored copy of your data can be gotten at with a Search Warrant issued to the cloud service provider. If the backup is on your own hardware, at least you know when the Feds are looking at it....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  35. Re: Seems like violating the 4th amendment, not th by Anonymous Coward · · Score: 3, Informative

    It's actually both 4th and 5th. You can refuse to give up a password under the 5th amendment, since it can be self-incrimination. 4th amendment, because it is illegal search and seizure. The warrant issued here flies in the face of the 4th amendment, and could potentially violate someone's 5th amendment rights.

    This isn't a loophole, this is a violation of the constitution. The judge who OK'd this, and the feds that performed the search should all be sent packing, and possibly serve jail time.

  36. Two-factor authentication by mwvdlee · · Score: 1

    1. Something they can just take from you.
    2. Something they have to torture you for.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  37. This borders on being a general warrant by reboot246 · · Score: 4, Interesting

    The one thing the Founders wanted to guard against was general warrants. This warrant gets pretty close to being one. It was limited to a specific building, but next time it could be limited to a specific block, or even a specific city or county. I think they're building precedent for doing such things. If they get away with this one, then what's to stop them from going further?

    1. Re:This borders on being a general warrant by King_TJ · · Score: 1

      I agree. The main reason for demanding such a thing is to test the legal waters and see if it flies. If so, they'll duly note that and use the tactic much more often.
      They'll ALSO likely try to take it a step further and see where the line is drawn.

      That's why it bothers me a bit when people smugly say "Just lock your phone with a PIN code instead of a fingerprint!" The fingerprint technology is popular precisely because people hate tapping in PIN codes every single time they need to do something useful with their phone! I grant that if you're targeted specifically by a warrant or even under arrest and dealing with the police one-on-one, they might have more legal ability to demand you unlock a device by fingerprint than by some other password you have in your head. But this is more about police having the ability to broadly poke around on everyone's phone or tablet, reading all sorts of irrelevant personal info in the process of trying to find content of interest to their case.

  38. Smartphone with VMs? by swb · · Score: 1

    It'd be nice if we could run a phone VM on our phones.

    The security uncaring could run everything in the "native" phone session, just like any smartphone now.

    The security conscious could run a phone VM which would would contain all their sensitive data. Access to the phone VM could have more complex authentication methods.

    1. Re:Smartphone with VMs? by Ash-Fox · · Score: 1

      It'd be nice if we could run a phone VM on our phones.

      We can run VMs of phone OSes just fine on phones.

      --
      Change is certain; progress is not obligatory.
  39. Military-grade security: Samsung exploding phone by flyingfsck · · Score: 1

    Just get a Samsung 7 phone. When you drop it, it explodes and erases all data on it. So just say that the Police startled you and you accidentally dropped the phone.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  40. Vote the judge out of office... by MoarSauce123 · · Score: 1

    ....who issued that warrant. Unless of course, this came from one of these special courts who just rubberstamp any insane request from the feds.

  41. That is How the Law is Supposed to Work by wisnoskij · · Score: 1

    I am fairly certain that you are supposed to comply with a search warrant. When you have a search warrant, they can unlock or get you to unlock a safe, as long as unlocking that safe does not require you to communicate anything, since they cannot force your compliance in anything related to speech/communication.

    A fingerprint/finger is a physical object, a key, and not communication.

    --
    Troll is not a replacement for I disagree.
    1. Re:That is How the Law is Supposed to Work by david_thornley · · Score: 1

      Can they get you to unlock a safe? Given a warrant, the police do have authority to open it however they want, but that's not the same thing.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:That is How the Law is Supposed to Work by wisnoskij · · Score: 1

      I believe so, you in general must comply with all directives (in and out of warrant situations). Like how resisting arrest is illegal and can and will be added on to any other charge if you do not comply. The one thing that they cannot force you to do is communicate anything to them.

      --
      Troll is not a replacement for I disagree.
    3. Re:That is How the Law is Supposed to Work by david_thornley · · Score: 1

      In general, the police have no right to tell me what to do unless they have a warrant. There are exceptions, such as at the scene of an incident when necessary to maintain control.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  42. Re: Seems like violating the 4th amendment, not t by Anonymous Coward · · Score: 1

    Passwords are only protected under the fifth amend. because they constitute information KNOWN by the suspect, and are therefore testimonial in nature. Fingerprinting (and use of fingerprints) are not disclosure of information known to the suspect, therefore not testimonial, therefore not protected under the fifth.
    Seems like a huge violation of the specificity requirement of the fourth amendment, though.

  43. Re:The consumer market needs military-grade securi by Bing+Tsher+E · · Score: 1

    (2): A convenient, easy to trigger yet unlikely to be accidentally triggered mechanism to locally wipe the hardware. Factory reset plus cache clear should do the trick.

    So if the police see you filming them at the scene, they can simply take your phone and trigger the wipe?

  44. Umm... by LVSlushdat · · Score: 1

    WTF? Not every smartphone has fingerprint authentication... Those of us who don't play the "phone contract" game, using of the many MVNO carriers, and buy our own older phones, sure don't have fingerprint authentication. I currently have a Nexus 4 on Ting, and If some bozo flashing a fed badge told me to open my phone by fingerprint, I'd simply tell him "This phone does not have that, and you better get a warrant....." Of course, then he'd shoot me... America is now officially a police state.....

    --
    THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
  45. Passwords less secure by Roger+W+Moore · · Score: 2

    Fingerprints are an inherently insecure way to 'secure' a device of any kind because there are techniques to obtain latent fingerprints, which we all leave everywhere anyway,

    If someone wants to get into my device so much that they are willing to find, scan and make replica fingerprints then at this point passwords are even less secure.

  46. Samsung by Roger+W+Moore · · Score: 4, Funny

    Phones need a panic button. Say tap the power button three times quickly and it goes into a locked down mode...

    Samsung have a tablet that can go one better than that: it destroys all the data and the device itself if you do that.

  47. Re: Seems like violating the 4th amendment, not th by swalve · · Score: 1

    Just to muddy the issue more, what about someone who uses sign language? Action or communication?

  48. Re: Seems like violating the 4th amendment, not t by swalve · · Score: 1

    I doubt that will happen despite wishing that it would. Grabbing a suspect's finger and touching it to their phone violates no rights and requires no speech on behalf of the accused. It's no different from removing a key from a pocket or forcing a breath test. The idea that encrypted data is private is only a vestige of the right against self-incrimination. If someone wants to use a fingerprint encryption key, they have ceeded that right uncompelled.

  49. Like a key, used only with a (proper) warrant by raymorris · · Score: 2

    > Surely a fingerprint taken for identification purposes is personal information, solely taken for that purpose. There are (at least in principle) increasing controls for the use of personal information and I can't see why a fingerprint taken for this purpose could be legitimately used elsewhere.

    I think the "could be legitimately used" part depends very much on a proper warrant showing probable cause.

    Suppose you leave your set of keys with a locksmith, for the purpose of getting copies made. The police, based on actual probable cause, get a warrant to search your safe deposit box for specific Top Secret documents which are probably in your box, and an accompanying order to the locksmith to hand over the key. I see no Constitutional problem there - they open the box because they have a proper, specific warrant showing probable cause. Using the key is not disallowed, there's no Constitutional protection of the key per se.

    Where there would be a problem would be if they open the box without a warrant, or as in this case an overly broad warrant. If they warrant had been proper, they could execute it using a key, a pick, a fingerprint, or whatever other tool was appropriate.

  50. Re:really? by gnasher719 · · Score: 1

    people are STILL fucking stupid enough to rely on fingerprint auth to unlock phones?!!?! fucking. stupid. millenial. sheep.

    Well, it is unlikely that I would be in a situation where it would make a difference. Not impossible, as we have seen, but unlikely. And you gain security elsewhere. An 8 digit passcode is not too inconvenient anymore when supported by fingerprints, so overall it still makes you more secure.

  51. Re:Seems like violating the 4th amendment, not the by will_die · · Score: 1

    Not many people go around making sure their fingerprints are private.
    I could see a judge approving the taking of them on the basis that fingerprints could be found without the help of the person with just a little time and are public info. Going this just makes sure the correct one is available.
    I am sure this will go to the Supreme Court and now with Scalia not being around it may be allowed.

  52. Really Wrong by JimSadler · · Score: 1

    The normal process of law is that a judge can command you not to do something but usually lacks any power to command you to do something. There have been exceptions. But this type of thing easily can lead to massive injustices. It must not be allowed to stand. Yes the government can seize your phone under certain conditions. But demanding that you provide information on how to use or unlock the phone should not be legal. It can set up a fishing expedition that allows anyone to have their privacy invaded, including business secrets, or other sensitive materials. It can quickly turn into a situation in which a person who is not popular with a cop or official can be targeted without cause. For example your brother in law is thought to be cheating on his wife. He asks a buddy at the PD to force the brother-in-laws phone to be grabbed and forced open under some pretense. If there are girls numbers or conversations on that phone the man can now be blackmailed by his relative. Some people might pay quite a bit of money to see all that was on another person's cell phones. And if the cops have the power, just how long before employers are able to insist upon opening employees phones under threat of job loss?

  53. Re: Seems like violating the 4th amendment, not t by qeveren · · Score: 1

    "Compelling identification" seems like a bit of a red herring; since when are you legally required to identify yourself to your own phone?

    --
    Don't just stand there, get that other dog!
  54. Easy Solution by Toad-san · · Score: 1

    "Am I under arrest?"

    "Uhh .. no."

    "Well then, screw you very much." And sit down, right in the middle of wherever.

  55. PSA: on "fingerprint scanners" by Yosho · · Score: 2

    I see a lot of people here who are repeating the "why would you use fingerprints for authentication when your fingerprints can just be lifted off of any nearby surface?!" line, which is ignorant of how fingerprint scanners in modern cell phones actually work. Read up on it a bit: http://www.androidauthority.com/how-fingerprint-scanners-work-670934/

    The short version is that no, the police will not be able to fool your phone's fingerprint scanner by using a print collected off of something else you've touched. Modern scanners do not record visual images of your fingerprint and match against that; they measure either changes in capacitance associated with the ridges of your finger touching the phone or your finger's response to an ultrasonic pulse. Both forms are incredible hard to fool with a prosthetic (and probably won't even work if your finger has been severed, although I don't know if anybody's tested that).

    --
    Karma: Terrifying (mostly affected by atrocities you've committed)
    1. Re:PSA: on "fingerprint scanners" by Reziac · · Score: 1

      Question: how is this different from a rubber-surfaced stylus? since a stylus does work on touchscreen phones.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:PSA: on "fingerprint scanners" by Yosho · · Score: 1

      Do people have trouble fingerprint-unlocking their phones?

      The false negative rate is actually quite high. When calibrating a phone's fingerprint scanner, it'll typically have you place your finger on the scanner several times at several different angles so that it can see what your finger's response is like in a variety of positions; even with all of those measurements, it's not uncommon for it to take two or three attempts for your finger to be accepted if you don't put your finger down in just the right place at the right angle.

      --
      Karma: Terrifying (mostly affected by atrocities you've committed)
    3. Re:PSA: on "fingerprint scanners" by Yosho · · Score: 1

      Your typical phone stylus causes a change in capacitance when touched to a phone's screen, which is good enough for it to register that there's something touching it and trigger an event.

      The sensors in the fingerprint scanner on a phone are much more accurate than the rest of the screen, to the degree that it's easy to tell the difference between the changes in capacitance caused by rubber vs. human skin, and also it can detect the gaps between ridges on your fingers, which a stylus doesn't have.

      --
      Karma: Terrifying (mostly affected by atrocities you've committed)
    4. Re:PSA: on "fingerprint scanners" by Reziac · · Score: 1

      Thanks; very informative. I did notice the rubber-tipped stylus wasn't terribly accurate.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:PSA: on "fingerprint scanners" by herbierobinson · · Score: 1

      They don't work if you use a sanding block for a few hours without gloves on. And then don't work a few weeks after the prints are relearned and the skin grows back...

      But that said, I have seen postings that somebody with an ordinary person's resources has figured out how photograph your fingerprints and make it work; so, it isn't that hard.

      --
      An engineer who ran for Congress. http://herbrobinson.us
  56. So the next time the Feds show up... by KenHansen · · Score: 1

    ...give them the finger!

  57. Easy Fix by nehumanuscrede · · Score: 1

    Samsung simply needs to disclose what is causing their phones to catch fire so we can write an app to trigger it on demand.

    Barring that, a thermite filled case will do the trick nicely.

    Tie it to a specific fingerprint that you never use and voila, problem solved.

    To be even more fun, put it on a delay so it catches fire only after they are in posession of the phone. ~30 minutes should do it.

    Whole new meaning for the term " burner phone ".

  58. Progression by easyTree · · Score: 1

    I want a pony or I'll scream and stamp my feet.

    Give me your pony or I'll kick your ass.

    Give me your pony or my Dad will kick your Dad's ass.

    My lawyer is going to sue your ass for your pony.

    Give my your pony or we'll suspect you of pony-related terrorism activities granting us unlimited powers to seize any ponies you may own anywhere in the country (/ world when the NWO arrives.)

  59. Who's responsible? by blibbo · · Score: 1

    FFS, they shouldn't be requesting this kind of warrant, and it shouldn't be issued. It's so obviously too broad and against human rights. Both the person who requested this warrant and the person that issued it should face repercussions, as should the feds overall for obstructing justice of the freedom of the people.

    1. Re:Who's responsible? by blibbo · · Score: 1

      ...I hope someone facing this warrant would have the balls to say your warrant is unconstitutional. I don't think anything's going to change until they do.

  60. Re:there is no justice to obstruct, you live in NK by dbreeze · · Score: 1

    I'm with you, comrade. Hail to the Motherland!

    --
    When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
  61. Re:Seems like violating the 4th amendment, not the by houghi · · Score: 1

    I keep hearing about these amendements. Can anybody explain what they are? Are they some part of Klingon culture, because it sure isn' something that is valid in the real world.

    At this moment I see them as nice discussion points, but nothing more. As long as you can not uphold a law, it isn't worth the paper it was written on.

    The situation now is that if people with enough power are cought, they say "So what?" as nothing will be done.

    --
    Don't fight for your country, if your country does not fight for you.
  62. Re:Seems like violating the 4th amendment, not the by Reziac · · Score: 1

    Former Lancaster CA resident here.

    I don't know anything more about this story either. But it sounds highly atypical. Lancaster doesn't have its own police force, and contracts with the Los Angeles Sheriff's Dept. for coverage. As a general rule they're lighter-handed than the average metro cop shop, possibly because they're spread thinner and don't have time to pursue bullshit.

    But a few years ago, when the Feds told L.A. County that they'd have to reduce their jail population -- they picked out the problem prisoners and dumped 'em wholesale in the Antelope Valley. What had been isolated perps sneaking around in the dark suddenly became swarms of perps boldly going in broad daylight. Theft abruptly grew from the usual petty urban stuff to a cottage industry (particularly for metal), and same for gangs and drugs.

    So I'm thinking this might have been a sting against a large drug or metal-fencing operation, using the cellphone thing as cover for what they were really after, not to mention as a quick way to ID both those present and those who needed pursuing.

    Not justifying their action (which was, IMO, blatantly unconstitutional), just thinking of rationale based on the local situation.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  63. Fuck em. by PontifexMaximus · · Score: 1

    And that's why I haven't enabled fingerprint unlocking. If I can only use my passcode, they can go fuck themselves.

    --
    Pax Vobiscum
  64. Re:Seems like violating the 4th amendment, not the by SeattleLawGuy · · Score: 1

    We have very little information to go on. I'd like to read the actual warant and know the cirumstances, but based on the article it seems like a violation of the FOURTH amendment. The cops are supposed to have a warrant, based on probable cause, describing what particular things they are searching for and where, and why they think those things are in that place.

    I can't imagine a probable cause to believe that everyone in the building has some specific evidence on their phone. Thus the search itself is unconstitutional under the fourth, with or without a fingerprint.

    The fifth says you don't have to testify against yourself. It doesn't say you can't be fingerprinted. Thus I see no *fifth* amendment violation, though it seems like a rather onerous *fourth* amendment violation.

    The Fifth Amendment right against self-incrimination is implicated primarily by (1) the question of whether a password or fingerprint is "testimonial" and therefore cannot be coerced without violating the prohibition on self-incrimination and secondarily by (2) the question of whether the Fifth Amendment can be used to prevent the search of your phones because they are an extension of your mind (a very weak argument under well-established law--the second point is worth a footnote in a law review article but probably not in a brief to the court.). The Fourth Amendment is implicated by search and seizure of the phones.

    --
    Real lawyers write in C++
  65. 100 years of coerced fingerprints by raymorris · · Score: 1

    > the question of whether a password or fingerprint is "testimonial" and therefore cannot be coerced

    In this case it's a fingerprint, not a password, so:

    > the question of whether fingerprint is "testimonial" and therefore cannot be coerced
    Ftfy

    100 years of fingerprints being taken routinely has established some precendent.

    1. Re:100 years of coerced fingerprints by SeattleLawGuy · · Score: 1

      1. I said password or fingerprint because they are deeply related in this instance, and will need to be considered in the context of cases on the testimonial status of a password.

      2. Taking a fingerprint for purposes of identity verification is different than using a fingerprint as a password. In what ways is it different? In what ways is it the same? Does it make sense to treat it differently under the law? Of course there is precedent for using fingerprints when someone is arrested and considering them non-testimonial, but someone can argue they are being used in a testimonial way here.

      --
      Real lawyers write in C++
  66. Ps your sig is intriguing by raymorris · · Score: 1

    Ps, I noticed your sig. For ten years or so I was planning to be an attorney and I studied law, especially Constitutional law. Then I fell into a career programming and doing network security for 20 years. I bet we could have some interesting discussions. Right now I'm looking at where I want my career to be in ten years. It would be cool if I could somehow indulge my interest in law while taking advantage of my 20 years of programming and information security experience.

    1. Re:Ps your sig is intriguing by SeattleLawGuy · · Score: 1

      Electronic Discovery is quite possibly the way to go. A mid-sized company has to sort through documents the size of the empire state building (or they would be if they were printed) in litigation, and electronic discovery experts are paid well. The other things that immediately come to mind are law firm IT, law school IT, and programming work in highly regulated fields with substantial legal components, like health care startups (or another area looking for people with your skill set where their work overlaps with your legal interests, at least a little).

      --
      Real lawyers write in C++
  67. Harém21 by trambulho · · Score: 1

    Actually, I'm pretty sure Donald Trump has "ideas" about "what to do." He's pretty famous for them. They may be wacky or unrealistic or even impossible, but he has ideas. Some of which could have major political ramifications if he even attempts to follow through. Anyhow, I think you may not realize that "tyrants" in world history take many forms. Relatively few of them throughout history started out as clear "twirling the mustache" evil dudes who had a Machiavellian plan to become a "tyrant." Much more common are situations where you take a somewhat average guy, put him in a leadership position, create some tough choices, and watch him choose the bad ones. A lot of "tyrants" throughout history very gradually slipped into tyranny, often with the support of the public along the way, cheered along by their fears and promises of "security" from a well-meaning leader. You know what prevents that sort of thing? Knowledge. Knowledge of history. Knowledge of politics. Realizations that paths others have taken before have led to badness. History has shown again and again that the most ignorant "nice" folks who end up leadership positions can turn out to be the worst... they don't know any better, so they can be swayed into all sorts of bad acts. And Donald Trump doesn't even have that "niceness" to go along with his ignorance. In some ways having a child who doesn't understand politics at the top of what is shown to be an institutionalised assault on the rights of all may actually be a good thing. Maybe. Or it could be even a faster track to a dictatorship. The problem is that it's completely unpredictable, Harém21 and primevips. None of this should be viewed as an argument in favor of Clinton, who is also a terrible candidate. But acting like things are likely to be better because Trump is an "outsider" and less corrupt (at least by the political establishment) is just not a safe bet.

  68. Thanks (late reply) by raymorris · · Score: 1

    Thanks for those ideas. Discovery and legal proceedings generally may well be an area I should look at. It fits in with some of my other experience as a private investigator and my interest in forensics as well. For example, recently a Democrat party official claimed that her leaked emails may have been altered. I would have noticed the DKIM signature proving they were unaltered.