"Albert Gidari, director of privacy at the Stanford Center for Internet and Society, says that kind of standoff is an inherent problem when platforms are storing biometric-friendly data. After years of sealed litigation, it’s still unclear how much help the government has a right to compel. “To the extent platforms store biometrics, they are vulnerable to government demands for access and disclosure,” says Gidari. “I think the government could obtain a technical assistance order to facilitate the scan, and under [the technical assistance provision in] FISA, perhaps to build the tool, too.”"
The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.