Just a pet peeve with passkeys (and other authN) that presses users towards biometrics -
In the US, because the Fifth Amendment Self-Incrimination Clause, passwords cannot be demanded. Passwords are testimonial evidence. [United States v. Hubbell (2000); re Grand Jury Subpoena Duces Tecum (11th Cir. 2012)]
Biometrics on the other hand are not. The court ruled that a defendant could be compelled to unlock a phone with biometrics because it is not testimonial. [Commonwealth v. Baust (Virginia, 2014); State v. Diamond (Minnesota, 2017)]
Basically, passwords cannot be compelled to be disclosed, while biometrics can.
There is similar legal stance in Canada, UK, Australia, India, Germany, and Brazil to name a few.
Finally, under duress, passwords can be held, while biometrics cannot, without self harm.
In the US, because the Fifth Amendment Self-Incrimination Clause, passwords cannot be demanded. Passwords are testimonial evidence. [United States v. Hubbell (2000); re Grand Jury Subpoena Duces Tecum (11th Cir. 2012)]
Biometrics on the other hand are not. The court ruled that a defendant could be compelled to unlock a phone with biometrics because it is not testimonial. [Commonwealth v. Baust (Virginia, 2014); State v. Diamond (Minnesota, 2017)]
Basically, passwords cannot be compelled to be disclosed, while biometrics can.
There is similar legal stance in Canada, UK, Australia, India, Germany, and Brazil to name a few.
Finally, under duress, passwords can be held, while biometrics cannot, without self harm.