A Scary Look Back at History’s Worst Data Breaches
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On one hand, identification. On the other hand, access to search. Would this authorize physical force to place
a finger in the phone? What would happen
if the fingerprint triggered an erase of the phone?
For the first time in a federal case, a suspect has been
ordered to use her fingerprint to unlock her iPhone using Touch ID. The LA Times reports
that a federal judge signed a warrant allowing the FBI to compel a suspect in
an identity theft case to unlock the phone just 45 minutes after her arrest.
Authorities obtained a search
warrant compelling the girlfriend of an alleged Armenian gang member to press
her finger against an iPhone that had been seized from a Glendale home […]
In the Glendale
case, the FBI wanted the fingerprint of Paytsar Bkhchadzhyan, a 29-year-old
woman from L.A. with a string of criminal convictions who pleaded no contest to
a felony count of identity theft.
The warrant is consistent with a 2014
case where a Virginia District Court ruled that while passcodes are
protected by the 5th Amendment right against self-incrimination, fingerprints
are not. Legal experts, however, have differing views …
Fingerprints are currently
viewed by the law as ‘real or physical evidence,’ meaning that law enforcement
has a right to access to them without a warrant. However, some law
professors say that this view is now outdated when a fingerprint can provide
access to incriminating data.
“It isn’t about
fingerprints and the biometric readers,” said Susan Brenner, a law professor at
the University of Dayton who studies the nexus of digital technology and
criminal law, but rather, “the contents of that phone, much of which will be
about her, and a lot of that could be incriminating.”
Others, however, disagree.
Albert Gidari, the
director of privacy at Stanford Law School’s Center for Internet and Society,
said the action might not violate the 5th Amendment prohibition of
self-incrimination. “Unlike disclosing passcodes, you are not compelled to
speak or say what’s ‘in your mind’ to law enforcement,” Gidari said. “‘Put your
finger here’ is not testimonial or self-incriminating.”
In this particular case, the argument will go no
further: Bkhchadzhyan pleaded ‘no contest’ to a felony count of identity
theft. There seems little doubt, however, that some future case will make it to
the Supreme Court.
(Related) DNA is identification only, right? What happens if we use it to secure our
data?
New on LLRX – Evolutions in DNA Forensics
by Sabrina I. Pacifici on May 1, 2016
Via LLRX.com
– Evolutions in DNA Forensics – Criminal
law expert Ken Strutin’s new article is yet another research tour de force – a
collection of recent and notable developments concerning DNA as forensic
science, metric of guilt, herald of innocence, and its emerging place in the
debate over privacy and surveillance. The increasing use of DNA evidence to support
assumptions of an individual’s guilt and less frequently as a tool to prove the
innocence of prisoners wrongly convicted, reflects many facets of the changing
fabric of the American criminal justice, the role of the Fourth Amendment and
the increasing collection of a wide range of biological evidence from crime
scenes whose metadata then is searchable within the national DNA database.
In a similar vein.
FISA Court did not reject any warrant requests in 2015
by Sabrina I. Pacifici on May 1, 2016
Via ZDNet: “A secret court that oversees the US government’s
surveillance requests accepted every warrant that was submitted last year,
according to new figures. The Washington
DC.-based Foreign Intelligence Surveillance Court received 1,457 requests from
the National Security Agency and the Federal Bureau of Investigation to
intercept phone calls and emails. In
long-standing fashion, the court did not reject a single warrant, entirely or
in part…”
If Google gets to choose, I’d bet on “No!” God only knows what the politicians might
say.
As I suggested to a commenter in another thread, not all
requests for removal from search engine results really fall under “Right to Be
Forgotten.” Here’s a case out of New
Delhi that is really, at its core, a reputation management issue:
Does right to privacy include
right to delink from the Internet the irrelevant information, the Delhi High
Court has asked the Centre and Google.
Justice Manmohan sought the
responses of the Ministry of Communication and Information Technology (MOC
& IT), Google Inc., Google India Pvt Ltd and IKanoon Software Development
Pvt Ltd on a plea of an NRI [non-resident
Indian Bob] seeking
that he be “delinked” from information regarding a criminal case involving his
wife in which he was not a party.
The petitioner has sought the
relief saying it would affect his employment opportunities as companies often
search about prospective employees on the internet and as the criminal case
pops up on searching his name, it might give an impression that he was involved
in it.
Read more on NDTV.
Is there an actual privacy issue here?
What does it really do for the CIA’s image? Looks like politics again.
CIA ‘live tweets’ Osama bin Laden raid and the internet
wasn’t happy
To mark the fifth anniversary of the death of Osama bin
Laden, the CIA Monday "live tweeted" the special forces raid on the
al-Qaeda leader's compound in Pakistan in a move that was slammed on social
media as "inappropriate" and "distasteful".
… "Death of
Usama Bin Ladin marked significant victory in US-led campaign to disrupt,
dismantle, & defeat al-Qa`ida. #UBLRaid," the CIA wrote on Twitter
before commencing a to-the-minute live-tweeting session of the mission.
… A CIA
spokesperson defended the live-tweeting.
"The takedown of bin Laden stands as one of the great
intelligence successes of all time. History
has been a key element of CIA's social media efforts," CIA spokesman Ryan
Trapani told ABC News.
"On the fifth anniversary, it is appropriate to
remember the day and honor all those who had a hand in this achievement."
He added that the CIA has done a similar exercise to mark
other events, including the Glomar operation, Argo, U-2 shootdown, and the
evacuation of Saigon.
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