Stanford CIS

Why the Constitution Can Protect Passwords But Not Fingerprint Scans

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"“If you are being forced to divulge something that you know, that’s not okay,” said Marcia Hofmann, an attorney and special counsel to digital rights group Electronic Frontier Foundation. “If the government is able through other means to collect evidence that just exists, then they certainly can do that without stepping on the toes of the constitutional protection.” “The important thing is,” Hofmann said, “is it something you know, or something you have?”"

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