دورية أكاديمية
Biometric Encryption of Smart Devices and the Prohibition against Self-incrimination in Criminal Procedure. Old Guarantees in the New World.
| العنوان: | Biometric Encryption of Smart Devices and the Prohibition against Self-incrimination in Criminal Procedure. Old Guarantees in the New World. |
|---|---|
| المؤلفون: | Zontek, Witold |
| المصدر: | European Journal of Crime, Criminal Law & Criminal Justice; 2024, Vol. 32 Issue 2, p156-174, 19p |
| مصطلحات موضوعية: | SMART devices, SELF-incrimination, CRIMINAL procedure, CIVIL rights, LEGAL testimony |
| مستخلص: | Whether we realize it or not, our smartphones/tablets store an extremely rich amount of information about ourselves, our daily activities, secrets, preferences, and plans. To talk about professional or purely private matters, we use communicators. For this data, modern technology gives us a sense of security. We are reassured by encryption based on alphanumeric codes. But remembering passwords that are too complex is inconvenient. That's why we often use biometric security - fingerprint readers or facial recognition. Not only for the unlocking of the device, but also for the effective use of many applications (e.g. mobile banking). But evidence of a crime could be a file, document, photo or conversation stored only on our device. Our crime. If law enforcement demands that we unlock the device, what should we do? Looking at modern legal solutions in this area, the international standard of not incriminating oneself is clear - we cannot be forced to reveal information stored only in memory (e.g. passcode). However, when it comes to whether we are required to place our thumb on a reader or look into a Face ID camera, the law is silent or extremely inconsistent. Paradoxically, the technology that makes our data more secure seems to have the opposite effect of diminishing our fundamental rights as potential suspects. The most troubling threads in this area will be addressed in this paper. Where do we stand? What's next for our fair trial rights? [ABSTRACT FROM AUTHOR] |
| Copyright of European Journal of Crime, Criminal Law & Criminal Justice is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) | |
| قاعدة البيانات: | Complementary Index |
كن أول من يترك تعليقا!