Friday, April 19, 2024

I worry that “force” might eventually include beating a password out of me.

https://www.bespacific.com/cops-can-force-suspect-to-unlock-phone-with-thumbprint-us-court-rules/

Cops can force suspect to unlock phone with thumbprint, US court rules

Ars Technica: “The US Constitution’s Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. The ruling does not apply to all cases in which biometrics are used to unlock an electronic device but is a significant decision in an unsettled area of the law. The US Court of Appeals for the 9th Circuit had to grapple with the question of “whether the compelled use of Payne’s thumb to unlock his phone was testimonial,” the ruling in United States v. Jeremy Travis Payne said. “To date, neither the Supreme Court nor any of our sister circuits have addressed whether the compelled use of a biometric to unlock an electronic device is testimonial.” A three-judge panel at the 9th Circuit ruled unanimously against Payne, affirming a US District Court’s denial of Payne’s motion to suppress evidence. Payne was a California parolee who was arrested by California Highway Patrol (CHP) after a 2021 traffic stop and charged with possession with intent to distribute fentanyl, fluorofentanyl, and cocaine. There was a dispute in District Court over whether a CHP officer “forcibly used Payne’s thumb to unlock the phone.” But for the purposes of Payne’s appeal, the government “accepted the defendant’s version of the facts, i.e., ‘that defendant’s thumbprint was compelled.'” Payne’s Fifth Amendment claim “rests entirely on whether the use of his thumb implicitly related certain facts to officers such that he can avail himself of the privilege against self-incrimination,” the ruling said. Judges rejected his claim, holding “that the compelled use of Payne’s thumb to unlock his phone (which he had already identified for the officers) required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking.” “When Officer Coddington used Payne’s thumb to unlock his phone—which he could have accomplished even if Payne had been unconscious—he did not intrude on the contents of Payne’s mind,” the court also said…”





Perspective. Worth an hour of your time.

https://www.nationalreview.com/corner/the-rise-of-the-machines-john-etchemendy-and-fei-fei-li-on-our-ai-future/

The Rise of The Machines: John Etchemendy and Fei-Fei Li on Our AI Future

John Etchemendy and Fei-Fei Li are the co-directors of Stanford’s Institute for Human-Centered Artificial Intelligence (HAI), founded in 2019 to “advance AI research, education, policy and practice to improve the human condition.” In this interview, they delve into the origins of the technology, its promise, and its potential threats. They also discuss what AI should be used for, where it should not be deployed, and why we as a society should — cautiously — embrace it.





Interesting story of an unlevel playing field.

https://lawrencekstimes.com/2024/04/18/lhs-journalists-dispute-gaggle/

Lawrence journalism students convince district to reverse course on AI surveillance they say violates freedom of press

Journalism students at Lawrence High School have convinced the school district to remove their files from the purview of a controversial artificial intelligence surveillance system after months of debate with administrators.

The AI software, called Gaggle, sifts through anything connected to the district’s Google Workspace — which includes Gmail, Drive and other products — and flags content it deems a safety risk, such as allusions to self-harm, depression, drug use and violence.



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