Lucy Rizzo
October 18, 2017
Forensics
Current Event #5
Case Reveals Legal Rules of Thumb Tricky with iPhone Sensors
I read the article “Case Reveals Legal Rules of Thumb Tricky with iPhone Sensors” for the magazine Forensics on the Scene and in the Lab. The article covered recent court rulings on whether or not the touch ID feature on older versions of the IPhone are covered by the fifth amendment rights or not. The 5th amendment prevents suspects from incriminating themselves by answering questions in a court of law or artifacts at the scene of a crime that are not covered by a police warrant. For example, in a court of law, no one is required to give the personal password to a smart device. Companies will not turn over customer information either, but if a police/ investigative team wishes to crack the combo they are permitted to under the law. A difference in the touch ID feature, is that “Touch ID and similar technologies have made fingerprints akin to a key,” the filing said. “Instead of carrying that key on a metal ring, Apple users now carry five potential keys on each hand.” This information was connecting back to a child pronography case, where authorities asked the residents of the house/ alleged criminals to open all IPads and IPhones in the house to search for footage. This piece of evidence was brought up by the defense attorney to the judge claiming that it was a violation of fifth amendment rights and that anything discovered on the devices should be thrown out. This situation and question is now being discussed by judges in different districts, trying to determine whether or not it was a violation of fifth amendment rights, and if the court of law needs to create any amendments to the law to include touch ID with protection.
This article was a very important conversation to be brought to the public's attention. With the rapid increase in technologies advancements, our courts need to be amending laws to accommodate for these advancements. With new technology coming out every few months, the government needs to create a bureau or cabinet of lawyers, judges, and officials to oversee how these technologies can impact criminal procedures in a court of law so that law enforcement officials do not throw out evidence based upon misconduct. Personally I think that technologies such as touch ID and passwords should be rightfully protected under the law and by major companies such as Apple, Microsoft, and Android. In other court cases we have seen Apple stand by their customer contacts and have not breached these when pressured by courts, which I find very comforting. I also think that it is very important for upcoming generations to know that laws will start adapting to changing times, and will mold to protect a growing community influenced and interconnected with technology.
Overall I found the article very informative. I though the overall message was well developed and the examples were helpful but it was relatively short. Though the story was written today, I am intrigued to see if the writer will follow up on upcoming news and findings regarding this court case and what conclusion is drawn about touch ID protection under the law.