In today's world, technology moves fast. Like, really fast. So fast, in fact, that lawmakers can't keep up with it. Just take the Apple/San Bernardino/FBI iPhone unlocking case as an example. In that case the FBI wanted Apple to unlock the terrorists' iPhone, and Apple refused over privacy concerns.
But what if a judge ordered a living person to unlock their own phone? Under the Fifth Amendment of the Constitution, we are guaranteed that our government cannot force us to testify against ourselves.
A California woman, accused of identity theft, has been ordered by a federal judge to unlock her iPhone using her thumbprint via Touch ID. The judge believes that the phone holds valuable data that will prove, or disprove her case. So far, it all sounds pretty ordinary.
Until you consider the bigger issue. Yes, her thumb can unlock the phone. But the U.S. Constitution Fifth Amendment guarantees us that our government cannot force us to testify against ourselves.
Traditionally, that meant putting us on the stand and making us answer questions. But here we have a serious case where law becomes very uncertain because it has not yet been tested with this technology.
Is putting your finger on a button self-incrimination? The issue is unresolved.
What would you do if a judge ordered you to do the same thing? Let us know your thoughts by sounding off in the comments below.