Well, unless you have been vacationing in the arctic with your wind-assisted sled you probably know that Apple is releasing a new iPhone and thet that iPhone includes an on-by-default biometric scanner for access (a fingerprint reader in lieu of a pass-code).  Wired just put out an interesting article on how biometrics might relate to our Fifth Amendment rights.

Apple’s Fingerprint ID May Mean You Can’t ‘Take the Fifth’

In a nutshell, if access is based upon something you know (a combination or a pass-phrase) then said access is protected under the Fifth Amendment; and if access is protected by something you possess (like a key or a fingerprint) it is not.

(Yes, I know: the distinction between a combination and a key is pretty murky in the digital realm.  Let’s set that aside for a moment.)

Let’s dig a little deeper into who this might actually effect, if Wired has things right.

I was talking to one of my co-workers, a real Mac guy, and one thing we agreed on was that the most likely candidates for using the biometrics of the new iPhone will be folks (like him) who are currently not using any lock on their phones.  This will of course increase the security for those users.

You may recall the Gummy Bear problem as concerns fingerprint readers?

Check out this video on how to create your own fake fingerprints.

Honestly though, it is profoundly unlikely that most folks need worry themselves about someone hacking into their phones in this manner.  It’s a lot of effort, it requires physical contact, and (sorry) you’re just not worth it.

The classes who are less likely to use it are the security minded (like myself) who (whether with reason or without) want greater security; these folks are likely to use biometrics only if it can be combined with a memorizable user input.

For these folks this would return the usual Fifth Amendment protections which biometrics alone may not afford.

Have fun with that.