I have no problem with this either legally or ethically. The SCOTUS has ruled that fingerprints are public information. You literally leave them everywhere. Ethically, this is a non issue for me as well. It just does not bother me at all.
"Not long after the death, police showed up at the funeral home where the body of Phillip was taken, and attempted to use the dead man's finger to unlock the device. The attempts were unsuccessful."
Got it, thanks.
Isn't that a warrantless search of the funeral home?
"Not long after the death, police showed up at the funeral home where the body of Phillip was taken, and attempted to use the dead man's finger to unlock the device. The attempts were unsuccessful."
Got it, thanks.
Isn't that a warrantless search of the funeral home?
Probably not since the funeral home was not a party to the case and no one insisted on a warrant. Presumably if the family had the body locked away, the police would have been required to get a warrant to forcibly obtain access.
Remember when Touch ID was first unveiled as an anti-theft measure and people in these forums were hand wringing over the theives “cutting off you finger” to get into your stolen iPhone?
You know what happened?
iPhone thefts dropped. People didn’t fall victim to a mass wave of finger amputation.
That court case was a judgement to "extend" the right of privacy for the widow due to a court case that was going on at the time. It was not a sweeping, all-inclusive right to everyone. Not the same thing.
There's plenty of write-ups out there that seems to have the general agreement that a deceased individual does not have a right to privacy.
Right you are. A little more research brought up that the Florida Constitution (unlike the US Constitution) has a specific privacy clause:
Article I, Section 23 of the Florida Constitution:
Right of privacy. — Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
In legal parlance, a "natural person" is a living human being. A dead person is not a natural person and therefore is not covered by this amendment (except that the Florida Supreme Court seems to disagree with this).
Back on topic... Cops probably didn't guess that 'ol Linus was left handed.
Yes back on topic ... Ah but you can train several fingers . I admit I suspected (but could be wrong) Apple have built in the ability to distinguish a finger attached to a live body from basically in this case, an inanimate object. Else a wax impression would work.
As it's a capacitive sensor, it wouldn't work with a dead body/finger. Hook the body up to a car battery however and I'm not so sure
Or wait for the lightening to strike the rods on top of the building ...
Back on topic... Cops probably didn't guess that 'ol Linus was left handed.
Yes back on topic ... Ah but you can train several fingers . I admit I suspected (but could be wrong) Apple have built in the ability to distinguish a finger attached to a live body from basically in this case, an inanimate object. Else a wax impression would work.
As it's a capacitive sensor, it wouldn't work with a dead body/finger. Hook the body up to a car battery however and I'm not so sure
Or wait for the lightening to strike the rods on top of the building ...
Suddenly have a vision of the iPhone unlocking and a guy in a lab coat screaming "It's Alive!, It's Alive!"
I have no idea what Florida (or the U.S. Constitution) says about the right to privacy or search and seizure for a deceased person. Logically, I would assume that privacy rights end at death, but the law is seldom logical. If there were a true reason to search the phone, I would think getting a search warrant would be a fairly trivial exercise. While people may find it bothersome (certainly the family,) far more intrusive procedures like autopsies can be compelled after death, so this is really not an issue, IMO.
As far as the technical aspects go, capacitive sensing does not require a live body - look at the videos of the SawStop saw with a hotdog, or at the conductive rubber stylus you can buy. The issue with a corpse becomes whether the finger retained its original geometry after death and/or embalming, and, as posted above, the fact that iOS has an expiration time on the fingerprint after which you need to enter the passcode.
Guess they'll have to plunk down $15k for GreyKey.
Corpses are, by law, property of the government. This is true in every Western nation, and most of the rest of the world that actually has a government. Your family has no rights to you (except to your likeness, apparently; thanks Hollywood).
Corpses are, by law, property of the government. This is true in every Western nation, and most of the rest of the world that actually has a government. Your family has no rights to you (except to your likeness, apparently; thanks Hollywood).
Corpses are, by law, property of the government. This is true in every Western nation, and most of the rest of the world that actually has a government. Your family has no rights to you (except to your likeness, apparently; thanks Hollywood).
Really? Then why don't THEY pay for the funeral?
I think it's in the Declaration of Independence under Habeas Corpses which is why corpses have to be detained to a coffin, casket, or urn¡
Does the slaughterhouse pay to bury its leftovers? You live to servethem. What do you think the estate tax is? One last pitchfork into the pile of shit that they consider your life to be, sifting for anything of value to them you may have “accidentally” swallowed while you were alive.
Tongue-stick-out emoticon chosen because there isn’t one which accurately describes how livid debt slavery makes me.
Corpses are, by law, property of the government. This is true in every Western nation, and most of the rest of the world that actually has a government. Your family has no rights to you (except to your likeness, apparently; thanks Hollywood).
Really? Then why don't THEY pay for the funeral?
Well in the case of no next of kin, the state/local government takes care of a corpse. Usually in the form of a no frills burial in the closest potter's field. But the government does not own a corpse, the family does: from surviving spouse, to any children, then relatives in an order that may vary by state. But even then there is no absolute right to a corpse, that's why governments (state and local) can compel an autopsy and may restrict certain burials or post-mortem treatment (burying Gran'Ma in the front yard, freezing dad's head until a scientific solution to reanimate him in another body is available, etc)
Comments
Isn't that a warrantless search of the funeral home?
You know what happened?
iPhone thefts dropped. People didn’t fall victim to a mass wave of finger amputation.
Article I, Section 23 of the Florida Constitution:
In legal parlance, a "natural person" is a living human being. A dead person is not a natural person and therefore is not covered by this amendment (except that the Florida Supreme Court seems to disagree with this).As far as the technical aspects go, capacitive sensing does not require a live body - look at the videos of the SawStop saw with a hotdog, or at the conductive rubber stylus you can buy. The issue with a corpse becomes whether the finger retained its original geometry after death and/or embalming, and, as posted above, the fact that iOS has an expiration time on the fingerprint after which you need to enter the passcode.
Guess they'll have to plunk down $15k for GreyKey.
Tongue-stick-out emoticon chosen because there isn’t one which accurately describes how livid debt slavery makes me.