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The incident reportedly occurred in August when federal agents got a warrant to search the home of a man in Columbus, Ohio as part of a case investigation. of child abuse.
According to documents in the case, FBI agents asked 28-year-old Grant Michalski to face his iPhone X to activate facial authentication of faces.
Once the device was unlocked, the investigators went through the chat history, photos and other files stored in the phone by Michalski. The evidence found on the device was used to charge the suspect later this month for receiving and possessing child pornography.
In several previous cases, law enforcement has had access to digital data by forcing people to unlock mobile devices with their fingers. One case would have even involved using the finger of a deceased person to unlock a phone, which ultimately did not work.
However, it seems that this is the first case of using the face identifier, which risks reviving the debate on the current status of the law with respect to the methods of biometric authentication .
In the United States, forcing someone to give up a password is interpreted as self-incrimination, protected by the Fifth Amendment and contrary to the law. Nevertheless, the courts felt that there was a difference between a biometric recognition system such as Touch ID and an authentication code that you enter into your phone.
In the case highlighted by Forbes, the FBI was finally locked out of the phone and had to get a second search warrant to allow it to conduct a more thorough search of the device with the help of a third-party unlocking solution, probably similar to Grayshift.
Note: Due to the political nature of the discussion on this topic, the thread is in our forum Politics, Religion and Social Issues. 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.
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