Stop Using Your Face or Thumb to Unlock Your Phone
Stop Using Your Face or Thumb to Unlock Your Phone
Are there any legal experts that want to weigh in on this.
Can the police in New Zealand force unlock your device with your biometrics?
How does this work with NZ law?
If you close your eyes the face id won't work. I suppose the police could force you to open your eyes somehow but if they are going to do that they can force you to put your pin in too.
😌 "Look at this cute kitten" 😯
They would get me every time.
I mean, they can't force you to give up something you know if really don't want to. Torture tends to be frowned upon in government.
They can charge you for refusal and I'm pretty sure they have access to a bypass tool.
they don't have to torture you. They can pressure you in all kinds of ways. Even mere threat of locking you up and throwing away the key would get you to unlock your phone.
I am far more worried about people getting my code over my shoulder than a state actor.
That is an issue indeed.
I'm not a legal expert but as far as I know if the police are arresting you they can compel this in New Zealand. There is no difference in unlock methods. People get charges for not complying.
This page seems to back this up but it is old.
It links to the legislation which seems to support it:
A person exercising a search power in respect of any data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data.
Effectively, if the police search is otherwise legal, then they can compel you to unlock your phone. If you don't, you can get up to 3 months in prison:
178 Offence of failing to carry out obligations in relation to computer system search
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to assist a person exercising a search power when requested to do so under section 130(1).
However, section 130 (2) says:
A specified person may not be required under subsection (1) to give any information tending to incriminate the person.
But clarifies in 130 (3):
Subsection (2) does not prevent a person exercising a search power from requiring a specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person.
So basically, if the data used to unlock your phone can incriminate you, you don't have to provide it. But that doesn't protect you from incriminating evidence on your phone.
So I guess the moral of the story is that if you're a drug dealer, make sure your phone password is "ImADrugDealer" and then you can't be forced to provide that information. But I guess they can force you to unlock it without telling them the password? so I'm not sure what section 130 (2) had in mind.
(I'm also not a legal expert 🙂)
How are you supposed to prove that your password is self-incriminating without giving away your password?
The moral of the story to me is leave your smartphone at home and just bring a dumbphone if you think you could be arrested.
My dumbphone has a broken key and it is infuriatingly hard to unlock though so it might antagonize them.
I wouldn't be too worried. 3 months in prison is what kiwis get for murder. You're more likely to get a month holiday at home detention on xbox duty.
Forcing someone to unlock their phone after being arrested for something unrelated, is no different than them forcing you to unlock your house so that they can rifle through your stuff looking for additional things to charge you with. It's immoral, and it should be illegal. The government found new ways to circumvent people's rights with the digital world, and they're walking all over people's liberty.
For Android:
Power+Volume up > Lockdown.
Takes a fraction of a second.
I assume iPhone has something similar.
My autistic ass who doesn't use bioauthenticators thought this meant I shouldn't enter the passcode with my thumb or nose
Imstructions unclear. Phone in ass.