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ZDNET's key takeaways
US authorities are getting more aggressive about detentions and seizures.
No single law governs phone inspections.
Devices configured for biometric unlocking remain highly vulnerable.
What's the best way to protect yourself from authorities who appear determined to conduct unwarranted smartphone searches? When we explored this question a year ago, legal experts agreed that our legal rights in this area were murky at best, and ZDNET's recommendation regarding device security leaned toward passcodes rather than biometrics.
One year later, does that advice still hold? The short version is yes, but it's still complicated. Here's what's changed and what hasn't.
Relying on biometrics was already risky
Last year, our legal rights regarding phone searches were uncertain. On the one hand, if your phone was locked with a passcode, any verbalization of your passcode can be construed as possible self-incrimination and a violation of your right to remain silent in the event of detention or arrest. Meanwhile, a biometric, such as a fingerprint, was considered "non-testimonial." Given the relative newness of biometrics, it was unclear whether the laws that applied to a passcode also applied to your fingerprint or face ID.
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