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Comment by spdustin

Providing a fingerprint (identification) is different from imprinting your finger to unlock a device. It's been upheld in the past that passwords/passphrases used to unlock encrypted content are considered to be testimony (because it leads to the acquisition and collection of possibly protected "testimony"), and thus protected by the fifth amendment.

In my opinion, there is no reason to see imprinting your finger on a sensor used to unlock your phone as anything other than an equivalent form of "testimony", and it should enjoy fifth amendment protection. I don't think it will be long before this exact definition finds its way to the U.S. Supreme Court.

parent spdustin 10 years ago

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