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Biometric Information › Fifth Amendment

Troutman Pepper Locke

US v. Brown: District of Columbia Circuit Rules on Compelled Biometric Unlocking of Cellphones

Troutman Pepper Locke on

On January 17, the District of Columbia Circuit issued a pivotal opinion regarding the Fifth Amendment rights of a defendant-appellant compelled by the FBI to unlock his cellphone using his thumbprint. The D.C. Circuit’s...more

Foley Hoag LLP - Security, Privacy and the...

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Foley Hoag LLP - Security, Privacy and the... on

Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more

Proskauer on Privacy

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

Proskauer on Privacy on

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

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