The cops said not to look at the identity of the face to avoid the lockout: Report



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Photo: Marcio Jose Sanchez (AP)

It's no secret that law enforcement often resorts to workarounds for Apple's security features, but iPhone's Face ID technology makes things harder. According to a report from Motherboard, the Elcomsoft Forensic Society recommends that police authorities not even look at phones with facial identification. Indeed, if its face identification function is activated, any unsuccessful attempt to access the phone may block investigators by requiring a secret code that can be protected under the fifth amendment.

Motherboard announced its findings Friday after acquiring the slide presentation, which included Elcomsoft's directive regarding Apple's iPhone X treatment. Although Motherboard obtained the presentation from a source other than Elcomsoft, she added that "the company has subsequently confirmed its veracity".

In the presentation slide, Elcomsoft described the methods to avoid any risk of blocking one of Apple's phones. She also highlighted the specific cases described in the Apple Security Guide 2017 in which a secret code would be required for facial identity.

Elcomsoft CEO Vladimir Katalov told Motherboard that the company advised never to look at the screen of an iPhone with Face ID to avoid losing one of five attempts before the phone requires a secret code. Indeed, as noted by the motherboard:

Courts have forced suspects to unlock their device with their face or fingerprint, but the same approach does not necessarily work to require an authentication code; under the Fifth Amendment, which protects people against criminalization, an authentication code can be considered "testimonial" evidence.

One example cited is a recent incident in which federal agents used a search warrant to force a suspect later accused of receiving and possessing child pornography to unlock his iPhone X from his own face. The event, which was originally reported by Forbes on September 30, was perhaps the first known case of using such tactics by law enforcement.

Forbes reported incidents involving suspects to unlock their phones with Touch ID, as well as subsequent cases involving people who have died. MotherKey and Forbes also mentioned GrayKey, a tool used to crack authentication codes on even newer iPhone models. All of these examples underscore the fact that even with Apple's encryption, authentication codes, and other technologies, law enforcement will strive to find a solution.

[Motherboard, Forbes]
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