WEBVTT

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- We were told by the phone makers

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that biometrics are a far more convenient,

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safe way to unlock our phones.

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And you know what?

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It's certainly easier and
faster to unlock your phone

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with your face or your thumb, but safer?

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Well, that depends on how
many interactions you expect

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to have with the police.

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The fact is, the law
surrounding your Fourth

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and Fifth Amendment
protections in your phone

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are still undecided.

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It's a bit complicated,

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but it comes down to what happens

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to you when police get ahold

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of your phone if you're arrested.

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Unlocking your phone with a passcode

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has found more legal protection
in the courts compared

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to using your face or your thumb,

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and it's for a rather strange reason.

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Experts say that you do have rights

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against self-incrimination and
unlawful search and seizure,

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even with your phone.

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But biometrics are sometimes
compared to the thumbprint

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and blood work you give
police during booking.

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It comes down to whether
it takes any mental recall

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on your part to unlock
your phone with a passcode

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versus the ease and simplicity
of just using your face.

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To the courts, that makes a difference.

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It comes down to the
rigamarole of testimonial

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versus non-testimonial actions,

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but ignoring all the legal mumbo jumbo,

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the long and short of it is
you have better protections

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against police searching your
phone if you use a passcode.

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A recent case in the Ninth
Circuit Court of Appeals

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gave credence to the
idea that, in some cases,

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it's not illegal for
the police to compel you

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to use your thumb to unlock your phone,

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but there's been no real binding case

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that set any national precedent.

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The protests happening at
colleges and universities

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all over the US surrounding
the current conflict in Gaza

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has led to hundreds of arrests.

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The digital rights group,
Electronic Frontier Foundation,

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has said that anybody
thinking of protesting

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or even being near a protest

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should probably turn off biometrics.

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They're not saying a
passcode is foolproof,

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but in every way, a
passcode offers you better

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Fifth Amendment protections
than your face or your thumb.

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Listen, I can't reach through the screen

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and change your unlock screen for you,

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but at the very least, it's a good idea

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to turn off biometrics whenever
you think you'll be getting

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too close to the police for comfort.

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If you're at all concerned
about your phone's contents

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being used against you, then
perhaps you should turn off

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biometrics unlock entirely.