Friday, September 13, 2013

          Innovation Fellow Pascal on Possible Police Misuse of iPhone Fingerprint ID

          Brian Hayden Pascal, a research fellow with the Institute of Innovation Law, in the Sept. 12, 2013 "Digits" column of the Wall Street Journal.
          Brian Pascal, Innovation Fellow

          Brian Pascal, Innovation Fellow

          Unlocking your iPhone with a fingerprint is convenient. But it could backfire if you end up in trouble with the law, warn some privacy experts.

          Courts have given mixed messages about whether Americans are protected from being forced to divulge passwords or decrypt information for law enforcement officials. Civil liberties advocates argue defendants shouldn’t have to unlock their own computers for the cops. The logic: Under the Fifth Amendment, Police can’t force you to self-incriminate by testifying, or divulging something in your mind.

          It’s unclear if that same protection applies if the password is your fingerprint.

          It isn’t hard to imagine police also forcing a suspect to put his thumb on his iPhone to take a look inside, said Brian Hayden Pascal, a research fellow at the University of California Hastings Law School’s Institute for Innovation Law.

          “This puts a new kind of stress on the moment of arrest,” Mr. Pascal said. “Suddenly what looks like it would just be a boring part of an arrest now suddenly has all this amazing potential.”

          Read more about Apple's iPhone identification system from the Wall Street Journal here.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Wednesday, March 22, 2017

          We’re #1: UC Hastings Trial Team Wins National Ethics Trial Competition

          The UC Hastings Trial Team keeps bringing home the gold with another first place finish.
          Wednesday, March 22, 2017

          Tracking the Future of the Affordable Care Act

          UCSF/UC Hastings Consortium on Law, Science and Health Policy launches Health Reform Tracker website.
          Tuesday, March 21, 2017

          UC Hastings LL.M. student Simren Delaney works with early stage Bay Area startups

          Now in its 7th year, the Startup Legal Garage enables UC Hastings students to work with early stage Tech and BioTech companies to provide them with corporate and intellectual property legal services under the supervision of leading attorneys throughout the Bay Area.
          Tuesday, March 14, 2017

          Message from Dean Faigman: US News Rankings

          While it is an annual rite of spring for deans to celebrate or lament the widely variable swings in rankings from year-to-year, UC Hastings must keep its eyes on what counts. We are doing that.
          Tuesday, March 07, 2017

          What Worked for Us May Work for You: Alumni Share Bar Success Stories for New Blog

          UC Hastings launches the Bar Passage Success Stories and Strategies blog.
          Go to News Archive