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Compelled Testimony? A U.S. Legal and Ethical Review of Compelled Biometric Data and Encryption

Furkejuvvon:
Publikašuvnnas:European Conference on Cyber Warfare and Security (Jun 2025), p. 110-117
Váldodahkki: Dove, Dominique
Eará dahkkit: Chamberland, Kenneth, Jr
Almmustuhtton:
Academic Conferences International Limited
Fáttát:
Supreme Court-US
United States > US
California
Encryption
Face recognition
Evidence
Legislation
Disclosure
Law enforcement
Bioinformatics
Biometrics
Digital data
Cybersecurity
Biosecurity
Public safety
Ethics
Privacy
State court decisions
Search & seizure
Crime
Self incrimination
Data encryption
Digitization
Criminal investigations
Law
Ransomware
Civil liberties
National security
Courts
Data
Cryptography
Law enforcement agencies
Police
Social systems
Internet
Access
Mobile phones
Testimony
Liŋkkat:Citation/Abstract
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Abstrákta:Biological data has increasingly become interconnected and digitized, leading to the emergence of the field of biocybersecurity to address cyber threats within bioinformatic systems. Encryption provides significant social benefits by safeguarding sensitive information, but it also presents challenges to public safety. The increase of cell phone use and the rise of internet-connected devices have resulted in a greater volume of digital data for law enforcement agencies to investigate. These trends have created a demand for advanced encryption methods, including access controls relying on facial recognition or other kinds of biometric data. While policy debates regarding backdoor access to aid law enforcement in combating crime continue, courts increasingly confront important Fifth Amendment questions in criminal investigations relying on digital evidence. In these cases, courts must frequently assess whether compelling the disclosure or use of biometric identifiers infringes upon protections against compelled testimonial evidence. The balancing of national security and privacy concerns are crucial in determining whether we are willing to sacrifice privacy and civil liberties for safety. This paper examines the intersection of encryption, law enforcement access, and the legal and ethical considerations raised by compelled disclosure or use of biometric data from a U.S. perspective.
Gáldu:Political Science Database