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Biometrics: Privacy versus Public Safety

Cato Event Podcast

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The Formalistic Application of the Fifth Amendment Protection

In traditional cases outside of these kind of device unlocking is that the government and police can't compel you to testify against yourself. But your features from which a biometric can be extracted are not the contents of your mind uh that's down the outside of you, so that can be compelled. The courts have said well if police are compelling you to express the contents ofyour mind by either saying your password or even sometimes inputting your password into a phone then then that's testimonial in the kind of language of the fifth amendment because it's stuff that was locked up in your mind they're making you give it over to them.

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