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
102 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
102 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
102 months ago
You asked for miracles Theo, I give you the F... B... I.



Attachment Image
Score: 8 Votes (Like | Disagree)
jettredmont Avatar
102 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
102 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
102 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 SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...