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Cake day: February 20th, 2024

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  • However, the panel said the evidence from his phone was lawfully acquired “because it required no cognitive exertion, placing it in the same category as a blood draw or a fingerprint taken at booking…"

    If the precedent is that unlocking the phone is the same category as fingerprint taking, well, what happens if you refuse to be “coerced” into having your prints taken? Even if the legal precedent isn’t fully understood, it looks like the reasoning here isn’t based on whether there was physical force applied, but whether the search required the contents of the person’s mind.


  • “The general consensus has been that there is more Fifth Amendment protection for passwords than there is for biometrics,” Andrew Crocker, the Surveillance Litigation Director at the EFF, told Gizmodo in a phone interview. “The 5th Amendment is centered on whether you have to use the contents of your mind when you’re being asked to do something by the police and turning over your password telling them your password is pretty obviously revealing what’s in your mind.”



  • They collected everything from the US but pretended they could only search comms with at least one non-US party without a warrant (there were no technical barriers to this and Snowden even claimed it would be easy for a low level NSA agent to read the President’s emails). Foreigners may be easier to search without a warrant at the NSA, but using services outside the US gives a greater chance your data isn’t in their database to begin with.