Feds will have a harder time skirting the Fifth Amendment with a new fingerprint unlock rule.
Today is May 16, the date in 1927 when the U.S. Supreme Court upheld the federal income tax against a challenge that making someone pay tax on illegal income violated the Fifth Amendment right against self-incrimination. In United States v. Show More Summary
Clarifying Penn Central: does a government taking property violate Fifth Amendment when it groups together commonly owned parcels in such a way as to avoid an obligation to provide just compensation? [Ilya Shapiro, Ilya Somin on Supreme Court case of Murr v. Show More Summary
Your passwords are protected from "Illegal search and seizure" thanks to the Fifth Amendment, but biometrics are not.
By now, everyone's heard of the case of Paytsar Bkhchadzhyan, the 29 year old woman whose number of crimes nearly match her age. Last February, she was court-ordered to submit her fingerprint in order to access her iPhone that was seized at an Armenian Power gang member's residence in Glendale,......
You can be forced to provide your fingerprint to access the data on your phone. But you don't have to make it easy. Being able to unlock your phone with your fingerprints is a really good thing. It's not the most secure method you can...Show More Summary
FBI Director James Comey is still complaining about encryption but it doesn't seem to be preventing law enforcement from accessing devices. To date, law enforcement has paid hackers to break into a phone, had an iPhone owner suddenly...Show More Summary
Also, Gavin cheered on the pot ballot measure, fingerprint log-in on your phone isn't protected by the Fifth Amendment like a password would be, and a couple Tesla big wigs are departing at an awkward moment. [ more › ]
While the Fifth Amendment protects against self-incrimination, there is nothing illegal about law enforcement compelling a suspect to unlock their phone by fingerprint.
The FBI recently spent more than $1 million for assistance in decrypting a device's contents. It may have overpaid. Alternatives exist, whether it's a $5 wrench or indefinite imprisonment for not helping the government with its prosecution...Show More Summary
Joseph Goldstein (J.D. 2016, Cardozo), Note, Taxing Legalized Marijuana: How Courts Should Treat Drug Tax Statutes in Light of the Fifth Amendment's Self-Incrimination Clause and Executive Non-Enforcement of the Controlled Substances Act, 37 Cardozo L. Rev. 793 (2015). Bryce Pfalzgraf, (J.D. 2015, Illinois), Note, Taxing the Keg: An Analysis on...
USA Today's Brad Heath has dug up another use for the FBI's now-infamous All Writs Act orders: skirting the Fifth Amendment. In a 2015 case currently headed to the Appeals Court, the government is attempting to use All Writs to force a defendant to unlock his devices. Show More Summary
On Monday, in Massachusetts, a judge partially stayed a defamation case against Bill Cosby brought by seven women and led by Tamara Green. The ruling will exempt him from “providing discovery while his criminal case is pending”—the criminal case in question being the one lodged in Pennsylvania by Andrea Constand. Read more...
Conservative political action committees (PACs) took a hit on the chin with the Fourth Circuit's determination that the 1971 FECA rules did not violate the Equal Protection Clause of the Fifth Amendment as to MPCs. In fact, if anything, the Act actually favors political committees. Summary Judgment against the PACs......
(Scott Johnson) Bryan Pagliano is the former State Department staffer who has now reportedly been granted immunity in the Clinton email investigation. This past September Pagliano asserted his Fifth Amendment right against self-incrimination before a congressional committee seeking his testimony. Show More Summary
Apple contends that creating the digital workaround would put an "unprecedented burden" on the company and violates the First Amendment and Fifth Amendment. The post Apple Moves To Vacate FBI’s Court Order, Says It’s Unconstitutional appeared first on ThinkProgress.
Apple just took its next swipe in the fight over unlocking a terrorist’s iPhone : a court order to vacate. The company is invoking the First and Fifth Amendments to argue that the court order it received to create a back door for the device is unconstitutional. The motion is embedded below. Read more...
Apple has a strong defense under the All Writs Act, as well as strong First, Fourth, and Fifth Amendment arguments.
Two weeks after invoking her Fifth Amendment rights at her brother's murder trial, the aunt of a teen girl charged with fatally shooting Endia Martin has been indicted on a federal weapons charge. Vandetta Redwood, 34, allegedly handed a revolver to the girl, then 14, and said, "Shoot the bitch!"...
This week, Martin Shkreli, former CEO of Turing Pharmaceuticals, invoked the Fifth Amendment before a House committee investigating the company's fiftyfold price increase of a decades-old drug.