Cosa avrebbe detto il giudice se i dati fossero stati cifrati sul dispositivo e non accessibili presso il provider? Vedremo cosa dirà la corte suprema... <https://www.mercurynews.com/2019/01/15/government-cant-force-people-to-unloc...> [] The Oakland judge said allowing authorities to force citizens to unlock devices via biometric features in this case would violate the Constitution’s Fourth Amendment protection against unreasonable search. The government’s request for intrusion into seized devices was too broad because it targeted anyone at the Oakland location believed to be a user of a seized device and wasn’t limited to the two suspects, Westmore said. Permitting forced biometric unlocking in this case would also break the Fifth Amendment against self-incrimination, Westmore said, noting that courts have ruled that people can’t be forced to reveal a numeric passcode to a device. “While the Court sympathizes with the Government’s interest in accessing the contents of any electronic devices it might lawfully seize, there are other ways that the Government might access the content that do not trample on the Fifth Amendment,” Westmore wrote. Authorities could seek Messenger communications from Facebook, with a warrant if need be, she suggested. “While it may he more expedient to circumvent Facebook, and attempt to gain access by infringing on the Fifth Amendment’s privilege against self-incrimination, it is an abuse of power and is unconstitutional,” Westmore wrote. Law enforcement agencies routinely obtain data from seized devices by getting subpoenas, warrants and court orders compelling tech firms to divulge information. Police also use software to break into seized devices they have a warrant to search. But the government can’t force citizens to use any biometric features to unlock devices, Westmore ruled. “The Government may not compel or otherwise utilize fingers, thumbs, facial recognition, optical/iris, or any other biometric feature to unlock electronic devices,” she said in her Jan. 10 decision. []