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How The FBI Easily Retrieved Michael Cohen's Data From Both Apple and Google (cnn.com)

Court documents unsealed Tuesday showed just how much information America's FBI was able to gather on Donald Trump's lawyer Michael Cohen -- from both Google and Apple products. An anonymous reader quotes CNN: Notably, the FBI made use of Cohen's use of Touch ID and Face ID on his Apple devices, which allow users to quickly log into iPhones and computers by scanning their face or fingerprint rather than typing in a password... But that gives law enforcement an additional means to access those devices. In one warrant application for Cohen, an FBI agent requested authorization "to press the fingers (including thumbs) of Cohen to the Touch ID sensors of the Subject Devices, or hold the Subject Devices in front of Cohen's face, for the purpose of attempting to unlock the Subject Devices via Touch ID or Face ID...."

One warrant requested not simply access to three of Cohen's Gmail accounts, as well as other email accounts, but also some of the wide array of information Google keeps for its users by default, including search history, web cookies associated with an account, device information, and a host of other metadata categories. One affidavit describes how the FBI narrowed down Cohen's temporary location at the Loews Regency Hotel in New York through his cell phone location data. Agents then used a "triggerfish" -- a reference to a stingray, or IMSI catcher, a suitcase-sized device that mimics a cell tower to convince a cell phone to connect and reveal its location...

Prosecutors also made use of a new law that Trump recently signed. Investigators in the Southern District of New York compelled Google to turn over some documents on Cohen, but the tech giant initially "declined to produce data that it stored on computer servers located outside of the United States," according to an affidavit submitted to the court by an FBI agent working on Cohen's case. Weeks later, Trump signed the CLOUD Act into law, which gave US law enforcement more legal pathways to pursue data stories overseas.... In an April 2018 affidavit, the FBI agent argued that "providers are required to disclose data even if it is stored abroad" under the new law. The judge approved the new search warrant later that day, giving investigators access to additional information from Google, including Cohen's emails, attachments, address book and files stored on Google Drive.

One technology law expert told CNN that police now seek access to more and more information.

"I think any of the electronic debris that people leave online on these services is all potentially subject to being used against you."

3 of 153 comments (clear)

  1. Re:Passwords Still Rule by tinkerton · · Score: 4, Interesting

    I have a lot of accounts where I don't know the password because they're generated strings I just copy from the password manager. So I cannot access these accounts from the smartphone even if I want to.

    Not all that convenient and not intended. It just sort of happened. Also, what if I'm forced to open my laptop with password manager at the airport. All my passwords are in there!

  2. Re:Passwords Still Rule by JaredOfEuropa · · Score: 3, Interesting

    In the Netherlands, a judge recently ruled that unlocking a phone with a fingerprint or holding it up to a suspect's face does not constitute self-incrimination. Which actually makes sense if you look at the law (not sure how it compares to the 5th amendment): that law does not exist to protect your private data, it exists to ensure that you cannot be punished for not volunteering self-incriminating evidence. Compare this to a safe with a combination lock versus a safe with a key: you cannot be compelled to provide the combination nor the location of the key, but if the cops search you and find the key on you, they are free to open the safe with that.

    There are some legislators who now seek to change the law on the grounds that people not unreasonably expect biometrics to provide the same (legal) protection of private data as passwords do. But that's a matter of privacy rather than self-incrimination.

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    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  3. Re:Passwords Still Rule by Tom · · Score: 3, Interesting

    One reason why all my really important passwords are not in a password manager. Eggs and baskets and all that.

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    Assorted stuff I do sometimes: Lemuria.org