Saturday, April 12, 2025

You can’t go home again?

https://www.zdnet.com/article/worried-about-warrantless-phone-searches-heres-what-lawyers-says-about-biometrics-vs-passcodes/

Biometrics vs. passcodes: What lawyers recommend if you're worried about warrantless phone searches

Last week, a graphic that discouraged smartphone users from relying on biometrics to unlock their phones made the social network rounds. The graphic states, "Reminder: If you're using thumbprint or facial recognition, you can be forced to hand over or open your phone. You can't be forced to open your phone if you're using a passcode. A passcode requires a search warrant. The more you know."

Given the growing importance of a robust credential management strategy, I decided to double-check the legal veracity of that "reminder." Spoiler alert: As opposed to passcodes (passwords, finger-drawn patterns, etc.), biometrics currently live in a grey area of the law. Depending on the jurisdiction (state vs. federal) and context (i.e., customs office at a point of entry), you might be compelled to unlock your devices or your apps without a court-issued warrant.



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