DOJ Requests Warrant to Enter Building, Force Everyone to Unlock Their iPhones With Touch ID

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Posted October 17, 2016 at 9:25pm by iClarified

The Department of Justice filed to obtain a warrant allowing them to enter and building and force everyone to unlock their smartphone with their fingerprint, reports Forbes. The site found a court filing from May 9 2016 in which the Department of Justice requested a warrant to search a property in Lancaster, California.

Here's what the memorandum requested:

authorization to depress the fingerprints and thumbprints of every person who is located at the SUBJECT PREMISES during the execution of the search and who is reasonably believed by law enforcement to be the user of a fingerprint sensor-enabled device that is located at the SUBJECT PREMISES and falls within the scope of the warrant.

That's not all. The filing also wants passwords, encryption keys, and any other devices that may be needed to access a locked device.

While the government does not know ahead of time the identity of every digital device or fingerprint (or indeed, every other piece of evidence) that it will find in the search, it has demonstrated probable cause that evidence may exist at the search location, and needs the ability to gain access to those devices and maintain that access to search them. For that reason, the warrant authorizes the seizure of ‘passwords, encryption keys, and other access devices that may be necessary to access the device’

“They want the ability to get a warrant on the assumption that they will learn more after they have a warrant,” said Marina Medvin of Medvin Law. “Essentially, they are seeking to have the ability to convince people to comply by providing their fingerprints to law enforcement under the color of law – because of the fact that they already have a warrant. They want to leverage this warrant to induce compliance by people they decide are suspects later on. This would be an unbelievably audacious abuse of power if it were permitted.”

The warrant was reportedly served but it is not available to the public. More details at the link below...

DOJ Requests Warrant to Enter Building, Force Everyone to Unlock Their iPhones With Touch ID

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6 Steps Ahead - October 18, 2016 at 3:57pm

So, Power off your iPhone - after that the fingerprint doesn't work - you must enter ID only. Now, you could even go a step further & set it up that after 10 wrong attempts the phone is erased :P

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lepaka - October 18, 2016 at 6:36am

a finger print and the smartphone are personal items, not a property of a company, if so the warrant can be valid if it is granted in the name of the person as a suspect of an invistigation. of course the same principles applies to the company, if the smartphone belongs to the company. oh how I enjoy the liberty of being idependent from the company who pays for my work, no strings attached :)

Professor - October 18, 2016 at 5:58am

"...allowing them to enter and building and force everyone..." English?!

Typo - October 18, 2016 at 10:13pm

It's a typo. The "and" should just be an "a".

Myfinger - October 18, 2016 at 2:14am

If you can say no to give the passcode, because they can not force you. Why they allow this?, the fingerprint is just a shortcut (asociated), to your passcode. But the device unlock always with passcode. I don't think is possible to set fingerprint without the passcode.

stevenlacross - October 18, 2016 at 2:54am

That's because of the fifth amemndemet, you have the right not to say anything you know(your password) that can incriminate you, but if they find evidence on you(like your fingerprint that can unlock your phone without them needed to know anything you know in your head) then it's all fair game. Knowing something and having something is two different things in the eyes of the law

stevenlacross - October 18, 2016 at 2:56am

Also it would kinda be like if you wrote your password down, they are allowed to get into your phone if you have it written down on a piece of paper in your pocket right next to your phone. They are also allowed to brute force passwords too, if they can get into your phone without you telling them the password from like torture then they can use anything they find in your phone against you in the court

Scott - October 18, 2016 at 2:09am

No thanks. The Federal government is out of control. Time for another Boston tea party.

jbird72 - October 18, 2016 at 12:23am

Or don't use Touch ID, I use number passcode only and they can't force that outta me.

clown - October 18, 2016 at 12:19am

Wtf, no wonder why they loose 33,000 emails

Vang - October 17, 2016 at 11:46pm

From my cold dead fingers!!!

paulMOGG - October 18, 2016 at 12:41am

As we non Americans have all been lead to believe the USA is "the land of the free" I guess we now know it's not so ... sad day for America

ProblemSolvee - October 17, 2016 at 9:32pm

If you want, you can quickly input your finger print wrong 5 times and then it'll ask you for a password for security. They can't force you to give a password.

Brian - October 18, 2016 at 2:04am

Not really, not on a 6S and 7. These latest phones get your fingerprint as soon as you touch it

stevenlacross - October 18, 2016 at 2:51am

He means that if you put the wrong finger on there five times, it'll stop asking for a finger print and then ask for a password instead, so the cops can't use your finger print to get into your phone