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I don't see what the big deal is. As long as there is a warrant, a person should be required to unlock their phone, whether it's locked with a passcode or a fingerprint, pattern, facial rec, etc
Why would a smartphone be protected by the 5th amendment right to not incriminate oneself but their home, car, etc. would not? The government can search your property when they have a warrant - wouldn't that include smartphone, computer, physical safe, etc? It's not like the police can show up at my door with a warrant and I can say, "no, I can't let you in, because I have the right not to incriminate myself."
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It's been a while since I studied this, so I may be wrong, but I believe that there is a distinction between something like giving a fingerprint or blood sample and providing a passcode. The 5th amendment protects against giving incriminating testimony against oneself. The courts have interpreted that to mean things that reveal the contents of a person's mind or knowledge. So, since fingerprints and blood/DNA samples do not reveal the contents of a person's mind or use their knowledge against themself, they are legally permissible. Passcodes are not since they reveal the contents of a person's mind or what they are thinking.
Similarly, people can be forced to provide a key for a safe but not the combination.
As to whether that's right or not, that debate has been going on for a long, long time. Personally, history has shown me that I'd rather err on the side of the individual than err on the side of the government. Governments have historically proven to abuse power when given too much of it.
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That's what I was reading, too. I just don't understand why there would be a distinction. I would generally be in favor of the rights of the individual over the government, but in this case I think making a distinction between a key for the safe and the combination, that just seems silly. It doesn't make any sense. Whether one believes the government should get into the safe or not, it shouldn't matter what method the owner uses to secure it.
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Ah, I see what you're saying. Thanks for clarifying.
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Unlocking your phone for them is tantamount to providing evidence against yourself, and that's a violation of the 5th amendment. The courts (and by extension, law enforcement) cannot compel you to testify against yourself.
".45 ACP - because shooting twice is just silly" - JSOP, 2010
- You can never have too much ammo - unless you're swimming, or on fire. - JSOP, 2010
- When you pry the gun from my cold dead hands, be careful - the barrel will be very hot. - JSOP, 2013
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John Simmons / outlaw programmer wrote:
Unlocking your phone for them is tantamount to providing evidence against yourself, and that's a violation of the 5th amendment. The courts (and by extension, law enforcement) cannot compel you to testify against yourself.
I understand what the argument is - I just don't think it makes sense. The government can force you to open your front door so they can come in and search your house when they have a warrant (or they'll just break it down, and they're not going to pay to repair it, AFAIK). How is that different from opening the "front door" of your phone or computer by unlocking it for them?
Again, I understand that current legal precedent says that those ARE different, I just don't agree.
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“A typical person is more than five times as likely to die in an extinction event as in a car crash,” says a new report. Mental note: watch out for falling asteroids when crossing the street
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I really am a lot more worried about a car killing me. The article stated in the next 100 years. Not likely to live another 100 years.
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Quote: Not likely to live another 100 years. Speak for yourself! I am hoping that medical breakthroughs will keep me going at least another 200+ years.
- I would love to change the world, but they won’t give me the source code.
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Just hope it is not a 100+ years in an iron lung
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Kent Sharkey wrote: Mental note: watch out for falling asteroids when crossing the street
That's hard to do when you're crossing the street and texting.
Marc
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The planets are close enough to us that we can study their atmospheres. Warm up the car, we'll head over
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Of course Mars does have an atmosphere (the moon much less of one), so I guess they both qualify. Just better not try to go out without your space suit. The way things are going on Earth, in a few more 1000 years may need an environmental suit here.
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This article gives an overview of best practices and tools to make supporting a new .NET Framework version easier. 'If you’re backwards compatible, you’re really backwards'
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The first relevant thing in there was about quirking....
I almost broke down after reading that and every shred of optimism I've been feeling about the direction of .NET died.
"There are three kinds of lies: lies, damned lies and statistics."
- Benjamin Disraeli
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Today, Twitter is excited to announce participation in the first major release of the Pants open source project: 1.0.0, an open source build tool for monorepo-style source repositories. Put your code in some pants
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Kent Sharkey wrote: monorepo-style source repositories.
Sounds like a disease of the butt.
Marc
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Marc Clifton wrote: Sounds like a disease of the butt.
I guess someone should call a proctologist...
"Fairy tales do not tell children the dragons exist. Children already know that dragons exist. Fairy tales tell children the dragons can be killed."
- G.K. Chesterton
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To Twitter? A proctologist would never even begin to diminish the backlog of work over there.
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*Looks at the name*
What do you get when you cross a joke with a rhetorical question?
The metaphorical solid rear-end expulsions have impacted the metaphorical motorized bladed rotating air movement mechanism.
Do questions with multiple question marks annoy you???
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At the end of every month, using public data sources, we can take a look at trends in the desktop and browser markets and the day has finally arrived where Chrome is now a more popular browser than Internet Explorer. And they said Edge wouldn't accomplish anything
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Roslyn, Dapper, PowerShell, and oh so much more. Because life is too short to wait for the paper copy
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The link isn't working for me. This one is: May 2016[^]
If the brain were so simple we could understand it, we would be so simple we couldn't. — Lyall Watson
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Odd. It wasn't working for me either, but now it's back.
Ah well, back to the old acronym: MSDN = MicroSoft Developers Napping.
TTFN - Kent
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There will be four different SQL Server 2016 editions including Enterprise, Standard, Express and Developer. Now with even more SELECT features
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