The rules and the laws are more often that not confusing and do not meet the needs of all. This is yet again proved when the Virginia District Court Judge ruled in favor of the Cops stating that they can force you into giving their fingerprints to unlock devices that use fingerprint scanner. This judgement is primarily to affect the Apple Inc. devices using the Apple Touch ID to unlock. This whole thing is due to a certain confusion related to the classification of digital evidence and physical evidence.
The trouble and the confusion is that the Fifth Amendment protects you from offering information that can incriminate you. In short, no one can force you to give away details which are of extreme importance to you and your security. In such cases, the cops will not be able to force you to give in your different passwords, even if they wish for it. Passwords are digital data protected by the Fifth Amendment.
According to the judgement passed by the Virginia District Court, Passwords are digital data, but a fingerprint belongs to the category of a physical data. Thus, the authorities hold complete right over it. What this means is that Apple Devices using Apple Touch ID can be forced to be unlocked if a Cop wishes so. Technically speaking, Apple’s Touch ID treats the fingerprint as a password, which then should be protected by the Fifth Amendment.
According to the reports, the ruling by the Virginia District judge comes in to allow the prosecutors to access the videos which can be potential link to the crime. Although this does not ensure that the prosecutors will gain access, but the chances are brightened as the person is convicted of murder. Currently at this point of time, only the fingerprints have been allowed to be taken in as physical evidence to unlock devices. The reports are that even other biometrics will be included in this list.
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