The privilege against self-incrimination is an important check on the government’s ability to collect evidence directly from a witness. The Supreme Court has made it clear that the Fifth Amendment broadly applies not only during a criminal prosecution, but also to any other proceeding “civil or criminal, formal or informal,” where answers might tend to incriminate us. It’s a constitutional guarantee deeply rooted in English law dating back to the 1600s, when it was used to protect people from being tortured by inquisitors to force them to divulge information that could be used against them.
For the privilege to apply, however, the government must try to compel a person to make a “testimonial” statement that would tend to incriminate him or her...
But a communication is “testimonial” only when it reveals the contents of your mind. We can’t invoke the privilege against self-incrimination to prevent the government from collecting biometrics like fingerprints, DNA samples, or voice exemplars. Why? Because the courts have decided that this evidence doesn’t reveal anything you know. It’s not testimonial.
Thank you so very, very much for taking our advice!
Well, that lasted a long time: the Chaos Computer Club has already broken Apple's TouchID fingerprint lock, and warns owners against using biometric ID to protect their data.
Users browsing this forum: No registered users and 10 guests