Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I don't know about Norwegian law, but in the US the fingerprint compelling doesn't have anything to other do with "we are physically capable of forcing you to do this". Rather, there's existing precedent that allows them to requisition your fingerprint, because historically it was only used for identification. The PIN has no such precedent. (Maybe it even falls underneath 5th amendment?)

Again sorry, dunno what the parallel is in Norway/EU

I couldn't read the article because there were giant Facebook, Twitter, etc logos overlayed on all the text in pure black.



> The PIN has no such precedent. (Maybe it even falls underneath 5th amendment?)

Not likely. I don't think the Supreme Court has decided this sort of case yet, but some lower courts have held that a suspect can be compelled to unlock a phone. The logic is that it's equivalent to compelling a suspect to unlock a safe.


As I recall, PINs are like safe combinations. You cannot be compelled to reveal those (with a 'foregone conclusion' exception). This is because the code is 'testimony' in the sense that you are testifying you know the combination.

Fingerprints are like keys. They are physical things. You can be compelled to produce a key. Similarly you can be compelled to produce your finger.

Obvious I Am Not A Lawyer notification.


I'm pretty sure that precedent says you can be compelled to unlock a safe with a combination lock. You don't have to reveal the combination but you can be forced to unlock the safe. Protection from self incrimination doesn't include refusal to turn over evidence.

Edit: Maybe I'm misremembering. http://blogs.denverpost.com/crime/2012/01/05/why-criminals-s...


Can you compel a suspect to unlock a safe using a code, not a key?


Not inside the USA (but if you are at the border you can be refused entry in a tit-for-tat fashion - you might count that as compelling). The EFF FAQ has a lot more details.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: