If we're talking about the resources of the employer then more then the
5th ammendment may be involved here. Many employers have computer use
agreements stating that the employer has access to anything you place on
or use their equipment for. If such an agreement were in place then the
5th ammendment may not apply.
I assume we're talking about the self incrimination clause of the 5th
ammendment. I'm not sure why you could be compelled to use your
fingerprint but not provide your PIN or password. It seems like they'd
be as equally self incriminating.
A quick Google search lead to
http://time.com/3558936/fingerprint-password-fifth-amendment/ where a
court ruled that a fingerprint is a possession and therefore not covered
by the 5th ammendment. Revealing a password or a PIN is considered
testimony, so it is covered. Something tells me this won't be the last
court ruling on whether the 5th ammendment applies to biometrics,
especially as Apple and other companies use biometrics more and more to
provide privacy and data protection.
On 09/16/2017 03:35 PM, Chip Orange wrote:
Gordon,
I have personally known of cases in the U.S. where a disgruntled employee was
forced by court order to reveal a password to his former employer's computer
system. Are you saying that somehow your fifth amendment rights treat your
entering the pin to your phone differently and so you cannot be forced to do
this? I have serious doubts that you are correct on this statement.
Chip
-----Original Message-----
From: viphone@googlegroups.com [mailto:viphone@googlegroups.com] On Behalf Of
Gordon
Sent: Saturday, September 16, 2017 5:49 AM
To: viphone@googlegroups.com
Subject: A cool feature you'll see in IOS 11 on Tuesday
so the feature is called emergency SOS. It's been available on watches
since 2016, but now it's coming to the iPhone. This allows you to press
the power button five times in a row to call emergency services. There
are two configurable options. The first is the default setting where it
presents you with a dialog to choose if you want to proceed with your
call or cancel out of it. You can enable auto dial and it will auto dial
after three seconds. But there is something else that's cool that you
can do with it. If anyone is ever trying to force you to use your finger
print to unlock your phone, you can press the power button five times as
long is auto dial is disabled. This will force one to enter your pen or
password as if you just restarted your phone for that unlock session.
the website I read used law enforcement as an example. Here in the US
law enforcement can force you by warrant too use your finger print to
give them access to your phone, however they can't force you to enter a
pen or password. That would be a violation of your fifth amendment
right. I've known some blind people who had over protective family
members who would try to force them to give them access to their phones
to get in their business. So this would be a way where only you could
unlock the phone and no one could use your finger print to quickly gain
access.
--
Christopher (CJ)
Chaltain at Gmail
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