Is the new iPhone’s fingerprint sensor technology an amazing advancement, OR will it have unintended consequences of inhibiting our freedom from unwarranted searches by the government?
_____________________________________________
Just four days ago, Apple unveiled a new version of its iPhone to come out this month. The new iPhone 5C will have fingerprint sensor technology known as “Touch ID”. The sensor will require users to use their fingerprint to unlock their phones instead of the previously used four digit pin. Although this new technology seems like a marvel, preventing the unauthorized access to our phones by our spouses or friends, it may be allowing the police to have access to our fingerprints!
As you may not know, the government is legally allowed access to the list of numbers you dial with your phone (Smith v. Maryland), your bank account information (US v. Miller), and likely your URL history too. All without a warrant!
The Supreme Court in those cases held that a person does not have a reasonable expectation of privacy for information that they relay to third parties such as telephone providers, banks, or internet providers. As such, the court held that these instances were not a search within the meaning of the 4th Amendment, and police were freely allowed access to that information despite lack of probable cause or a warrant!
In this day and age of technology it is hard to imagine ANY information that does not require a third party provider. It is also appalling to claim that just because we know the phone company can see the list of phone numbers we dialed that we do not expect those things to be private.
Yet, the Supreme Court has time and time again held that we do not have such expectation of privacy.
According to this archaic doctrine, the fingerprints we use to unlock our iPhones could be examined by the police without a warrant! Just like our phone list and our banking information, we would be allowing a third party (our telephone providers and Apple) access to our fingerprints, and accordingly although involuntarily, access to the police as well!
Maybe it is about time the Supreme Court revisits this third party doctrine, and realizes that we still have an expectation of privacy in most information that goes through a third party such as our banking information, our URL history, and our fingerprints!
Although we will probably be right there with you lined up to get the new iPhone, it is important to know the privacy concerns that linger over this new technology.
BesideTheLaw 