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Comment Re:This is old stuff! (Score 2) 146

The 5th Amendment isn't about public vs private stuff. It's because at the time it was common to torture people until they confess. Passwords are an interesting case because they can't be a false confession; but confessing that you know the password is confessing that you have access to the account, but the stuff protected by the password is physical evidence and not a confession. There's been cases of people being compelled to share their password after admitting they know it. And biometrics are physical evidence, not a confession.

Comment Re:Ha! (Score 1) 58

That proves the exact opposite. That's how we know, without any doubt, Apple has complete access to the backups: they handed them over to the FBI without complaint.

However, they were stale, as the phone hadn't been backed up for a while, and the FBI wanted them to unlock the phone so that they could get the more recent data. That's where Apple refused to help the FBI.

In the end, the FBI didn't need Apple's help, they were able to root the phone due to one of the many zero days in iOS.

Comment Re:4th Amendment. (Score 1) 105

I'm just glad they decided to use this data gathering against rich people. The government might wipe their ass with the Constitution, but stopping the rich from cheating on their taxes is one step too far. I can only hope that when this is ruled un-American, it will be a wide ruling that covers you & me and not just "the IRS may not use this data".

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