Hello,

I need two responses of at least 150 words each for the below students discussions for this week. Also in the bold below are the questions the students at answering.

1) Watch this week’s video and discuss what you think about your rights involving biometrics.

https://youtu.be/PYXUR45lofo

Student one:

When it comes to the use of biometrics, often we think about the right to privacy, especially when it comes to CCTV cameras in public areas. This video has brought further concern that I hadn’t given thought previously. The fifth amendment is essentially the right not to incriminate yourself but because the law has yet to catch up with technology there is a loophole that allows the law to use your biometrics to gain access to your personal items, which, in turn, could be used to incriminate yourself. I have no issue with police being able to use your biometrics to gain access to devices if they have probable cause to do so but there is nothing currently that requires probable cause. I think changes do need to be made to the law in order to include biometrics into the current standards they have for pins and password because they are essentially used for the same thing. The main issue is the laws just haven’t caught up to technology yet, some of them are very well outdated. I think they brought up a good point in the video when they mentioned the use of biometrics to gain access into a house, this could very soon be a reality with the move of technology. It wouldn’t be right for a police officer to force you to provide entry into your home without a warrant or probable cause. I hope we get to a point soon where these laws are updated so rights that should be in place are not lost.

-Brittany

Student two:

In the video, a great point was made about technology being more advanced than the law, meaning there are things that technology has made possible that is not covered or governed by any current law. Apparently officers used a man’s finger to log into his phone and use it for evidence. The Fifth Amendment basically allows the officers to confiscate items such as a phone, but they can’t force someone to unlock that phone.

It can be said that the Fifth Amendment protects the contents of your mind, especially when it involves the possibility of incriminating yourself (Wolff, 2019). For example, if you have a safe that requires a key and a combination, the police could force you to hand over the key to the safe but they can’t force you to disclose the combination (Wolf, 2019).

In a recent case, a warrant was denied that requested authority to force individuals to use biometric methods to unlock devices. According to the judge, though it is not directly covered in the Fifth Amendment, using biometrics in that way is the same as forcing someone to tell you their passcode.

Arguments are being made that since a biometric factor is something you are instead of something you know, it is not, and should not be covered by the Fifth Amendment, but I think it depends on the usage of the biometric factor. I don’t think it should be used to further incriminate yourself. The level of uncertainty considering this situation will remain controversial until it is clearly defined by law. At the moment, it is situational and depends on the judge issuing the order.

References:

Wolff, J. (2019, January 17). Biometrics vs. the Fifth Amendment. Retrieved from https://slate.com/technology/2019/01/fifth-amendment-biometrics-fingerprint-search-warrant-ruling.html

-Ricky

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