![]() ![]() The FBI had plenty of options up to that point: using a 302 report to create an FBI-centric narrative, lying to the suspect about evidence, co-defendants (or whatever), endless begging for consent, or simply pretending there was no unambiguous assertions of rights. It’s unlikely seeking a warrant was in the cards before the suspect asked for an attorney. It looks like the FBI only decided to seek a warrant because the suspect had requested legal counsel. Therefore, the United States seeks this additional search warrant seeking TERRY’ s biometric facial recognition is requested to complete the search of TERRY’s Apple iPhone, 11. ![]() I mean, it’s right there in the affidavit :īy the time it was made known to the FBI that facial recognition was needed to access the locked application Wickr, TERRY had asked for an attorney. Just in case it’s not perfectly clear, law enforcement agencies will do everything they can to bypass a suspect’s rights and often only seem to be deterred by the arrival of someone who definitely knows the law better than they do. And, speaking of lawyers, the FBI really wanted this to go another way, but was apparently inconvenienced by someone willing to protect their arrestee’s rights. From Ethan BebernessĪs Brewster states, this is the first time biometric features have been used (via judicial compulsion) to unlock an encrypted service, rather than a device. No doubt this will be challenged by the suspect’s lawyer. LexisNexis Brief Analysis produces powerful, near-instant legal argumentation insights using the power of AI. law enforcement agency getting a judge’s permission to unlock an encrypted messaging app with someone’s biometrics. The FBI has previously forced users to unlock an iPhone with Face ID, but this search warrant, obtained by Forbes, represents the first known public record of a U.S. Encryption makes it almost impossible for law enforcement to intercept messages sent over Wickr, but this agent had found a way to infiltrate the chat, where they could start piecing together who was sharing the material.Īs part of the investigation into the members of this Wickr group, the FBI used a previously unreported search warrant method to force one member to unlock the encrypted messaging app using his face. ![]() government, journalists and activists for private communications. The group was devoted to sharing child sexual abuse material (CSAM) within the protection of the encrypted app, which is also used by the U.S. In November last year, an undercover agent with the FBI was inside a group on Amazon-owned messaging app Wickr, with a name referencing young girls. In this case, first reported by Thomas Brewster for Forbes, the FBI went deeper: it secured a warrant allowing it to use a suspect’s face to unlock his Wickr account. But to this point, the (compelled) deployment of biometric features has been used to unlock devices. ![]()
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