In a new case that echoes Apple's past struggle with the FBI, the Department of Justice has been granted a warrant to search a home in Lancaster, California -- and all the smartphones inside of it -- for all "passwords, encryption keys, and other access devices that may be necessary to access" the various handsets and tablets discovered inside the location. Notably, this includes requiring every person inside the home to provide their fingerprints to the cops to bypass the biometric scanners of each device (via Forbes).

Filed May 9, 2016, a section of the warrant reads:

“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.”

An anonymous person located at the home in question avoided providing details of the crime in question, but they did indicate that the warrant has been served. The person claimed that they did not know about the specifics of the warrant's parameters until it was served to them, and they are "trying to let this pass over" in the meantime.

iPhone-6s-Touch-ID
The case has been said to "shock" legal experts because of the legalese workaround used in the warrant. According to one expert, the government filed the warrant "on the assumption that they will learn more after they have a warrant," without providing any particulars as to what they plan to find at the home in question. This practice goes against the confines and scopes of usual warrants, and was seemingly an attempt to quietly include fingerprint data in the seizure of information.

Jennifer Lynch, senior staff attorney at the Electronic Frontier Foundation (EFF), added: “It’s not enough for a government to just say we have a warrant to search this house and therefore this person should unlock their phone. The government needs to say specifically what information they expect to find on the phone, how that relates to criminal activity and I would argue they need to set up a way to access only the information that is relevant to the investigation.

“The warrant has to be particular in how it describes the place to be searched and the thing to be seized and limited in scope. That’s why if a government suspects criminal activity to be happening on a property and there are 50 apartments in that property they have to specify which apartment and why and what they expect to find there.”

Lynch noted that "we've never seen anything like this," with the government's court filing revealing the first known attempt by the Department of Justice to acquire fingerprints of individuals in a certain location to unlock their smartphones. Lynch said that the filing cites "outdated cases" as the justification for bypassing self-incrimination laws to ultimately use a person's "body as evidence when it may be material."

“The reason I’m so concerned about this … is that it’s so broad in scope and the government is relying on these outdated cases to give it access to this amazing amount of information… The part the government is ignoring here is the vast amount of data that’s on the phone,” Lynch added.

“If this kind of thing became law then there would be nothing to prevent… a search of every phone at a certain location.”

Most recently, it was reported that the FBI was looking into "legal and technical options" for entering another iPhone, this one belonging to the culprit behind the Minnesota mall stabbings in September. The iOS version running on the iPhone is known only to the FBI, so if it's an older model (iOS 8 or prior) the government could potentially access it without the same drama that emerged following its request for Apple to unlock the San Bernardino shooter's iPhone earlier in the year.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Related Forum: iPhone

Top Rated Comments

thatanonymoususer Avatar
112 months ago
And now both major candidates don't care about personal privacy. Clinton with her "Manhattan-like project" to break encryption, and Trump with his boycott Apple until they betray customers. I miss Bernie and his view on personal freedoms.
Score: 10 Votes (Like | Disagree)
NT1440 Avatar
112 months ago
I thought this was already settled. It's similar as a forced(warrant) blood draw, normal fingerprinting.
What?

They got a warrant to search a home, and in the warrant asserted they have the right to just find anything and look after the fact for evidence. That is fundamentally counter to how warrants are supposed to work.

There's no similarity here. This is a general warrant, the exact type of thing that lead to the Revolution in the first place.
Score: 10 Votes (Like | Disagree)
keysofanxiety Avatar
112 months ago
You asked for miracles Theo, I give you the F... B... I.



Attachment Image
Score: 8 Votes (Like | Disagree)
jettredmont Avatar
112 months ago
I thought this was already settled. It's similar as a forced(warrant) blood draw, normal fingerprinting.
It is not settled. There are conflicting rulings on the matter, but we aren't even dealing with the questionable area of case law in this case: in this case the warrant very explicitly goes against hundreds of years of case law.

Blood draws and normal fingerprinting are for identification of the individual and correlation with evidence found on the scene. The warrant for these is prima facie narrow and defined. A forced press of a fingerprint on a device - or even more directly forcing the user to unlock their device - is a search of a new locality and must be accompanied by narrow and defined expectations of what can be found: this is the thing that is alarming about this case.

Now, if the locality in question has a legitimate warrant against it then we get into the gray area about what a person can be specifically compelled to do to unlock it. Passwords are generally oddly considered speech, and can not be compelled, while fingerprints are generally oddly considered keys, which production can be compelled. The problem is that neither end really fits, and the distinction between a passcode and a key is arbitrary.

Again, though, we aren't there in this case, as reported here. There is no legitimate - by prior case law standards - warrant for the contents of these phones. The presence of a phone at a location does not inveigh suspicion on the contents of the phone. However, if this warrant is allowed to stand suddenly there is a precedent, which allows a warrant to be issued for all phones at any site of criminal activity etc. Not a good precedent to set, hence the EFF being on the case.
Score: 7 Votes (Like | Disagree)
nt5672 Avatar
112 months ago
This will never end unless people get wise and start standing up now. The first thing to do is to always vote to remove government power. New taxes, vote no, it does not matter how good intentioned they are. Incumbents, vote no, it does not matter what you think of them. The problems now are bigger than any one candidate, its the system and the corruption. Every day that goes by will make it harder to reverse.
Score: 6 Votes (Like | Disagree)
usarioclave Avatar
112 months ago
It shows how lazy law enforcement is getting. In the old days they'd just bug the house. Now they're like "well, let's just grab all the stuff off their phones and we'll find a crime later."
Score: 4 Votes (Like | Disagree)

Popular Stories

iPhone 17 Air Pastel Feature

iPhone 17 Air Battery Capacity and Weight Allegedly Revealed

Monday May 19, 2025 2:22 am PDT by
Apple is expected to launch an all-new ultra-thin iPhone 17 Air later this year, and while there have been plenty of rumors about the camera's overall design and thinness, we haven't heard any details about the device's weight and battery capacity until now. According to the leaker going by the account name "yeux1122" on the Korean-langauge Naver blog, the 6.6-inch iPhone 17 Air has a weight ...
Apple CarPlay Ultra instrument cluster themes 01

Apple's CarPlay Ultra Is Here – Does Your iPhone Support It?

Thursday May 15, 2025 5:17 am PDT by
Apple's recently announced CarPlay Ultra promises a deeply integrated in-car experience, but not all iPhone users will be able to take advantage of the new feature. According to Apple's press release, CarPlay Ultra requires an iPhone 12 or later running iOS 18.5 or later. This means if you're using an iPhone 11, iPhone XR, or any older model, you'll need to upgrade your device to access...
Apple CarPlay Ultra instrument cluster themes 01

Apple's 'CarPlay Ultra' Experience Now Available

Thursday May 15, 2025 5:07 am PDT by
Apple today announced that its next-generation CarPlay experience, now dubbed "CarPlay Ultra" begins rolling out today, starting with Aston Martin vehicles. Subscribe to the MacRumors YouTube channel for more videos. CarPlay Ultra is now available with new Aston Martin vehicle orders in the U.S. and Canada. It will also be available for existing models that feature the brand's next-generation ...
WWDC 2025 Banner

Apple Announces WWDC 2025 Schedule, Including Keynote Time

Tuesday May 20, 2025 8:13 am PDT by
Apple today announced a more detailed schedule for its annual developers conference WWDC, which runs from June 9 through June 13. The schedule confirms that Apple's keynote will begin on Monday, June 9 at 10 a.m. Pacific Time, with a live stream to be available on Apple.com, in the Apple TV app, and on YouTube. During the keynote, Apple is expected to announce iOS 19, iPadOS 19, macOS 16,...
Apple Glass

Apple Smart Glasses: Everything We Know So Far

Wednesday May 21, 2025 8:21 am PDT by
Google made waves yesterday by showcasing a set of lightweight smart glasses featuring deep Gemini integration and an optional in-lens display. The demo has reignited interest in Apple's own smart glasses project, which has been the subject of rumors for nearly a decade. Here's a recap of where things stand. Current Development Status Apple is actively working on new chips specifically...
macOS 16 visionOS Inspired Feature 1

macOS 16: Everything We Know So Far

Tuesday May 20, 2025 7:31 am PDT by
The Worldwide Developers Conference (WWDC), Apple's annual developer and software-oriented event, is less than three weeks away. We haven't heard a great deal about macOS 16 ahead of its announcement this year, so we could be in for some major surprises when June 9 rolls around. Here's what we know so far about the next major update to Apple's Mac operating system. macOS 16 Name? Every year ...
Apple Intelligence General Feature

Report: Apple's Next-Gen Version of Siri Is 'On Par' With ChatGPT

Monday May 19, 2025 9:00 am PDT by
Apple has big plans to improve Siri over the next few years, Bloomberg's Mark Gurman and Drake Bennett report. Some Apple executives are now reportedly pushing to turn Siri into a true ChatGPT competitor. A next-generation, chatbot version of Siri has reportedly made significant progress during testing over the past six months; some executives allegedly now see it as "on par" with recent...