Appeals Court Upholds Police Right to Compel Biometric Device Unlocking

The US Court of Appeals for the Ninth Circuit has issued an opinion in a case involving the police forcing a suspect to unlock their phone via a biometric feature on the device.

The court said this practice, at least in the case it considered, is not unconstitutional.

The appeal was lodged by Jeremy Payne, a defendant in a drug distribution case, who was forced (“compelled”) by the police to unlock his phone with his thumbprint.

We obtained a copy of the opinion for you here.

Payne was hoping to have his motion to suppress evidence accepted – after this was previously denied by a district court – but the Court of Appeals found that obtaining evidence in this way does not mean that the police violated his Fifth Amendment protection against self-incrimination.

And while the appellate court said that other circuits and the Supreme Court are yet to rule if the forced use of a biometric to unlock a device is “testimonial” – in this case, the forcible use of the suspect’s thumb “required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking.”

The three-judge panel was satisfied that the police could have accomplished the same task “even if Payne had been unconscious” – so they saw no evidence of the suspect and later defendant being driven to engage in self-incrimination.

Namely, the physical action of forcibly pressing the thumb onto the device “did not intrude on the contents of Payne’s mind.”

Another reason the judges sided with the police is that Payne was not made to “acknowledge the existence of any incriminating information” – he was “merely” forced to provide access “to a source of potential information.”

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Major League Baseball’s biometric ticketing collects 6K opening day hits

Fans entered a stadium with biometrics during the opening day of the 2024 Major League Baseball (MLB) season, one of four ballparks to deploy the technology, and the league has high hopes for the touchless access program.

The Washington Nationals added biometric ticketing to their opening day lineup through MLB’s Go-Ahead Entry. The introduction of Go-Ahead Entry allows fans attending Nationals games to use the MLB Ballpark app for touchless entry at gates equipped with dedicated hardware.

Fans using the optional service register their biometrics with a selfie and then use facial authentication to enter at full walking speed through dedicated gates. Four lanes have been deployed at Nationals Park in D.C. Two of those are on the west end of the Park’s center field gates, another in center field, and one more on the first-base side of the stadium.

The rollout in Washington follows trials last year at Citizens Bank Ballpark in Philadelphia last year. Those trials showed the biometric lines moving 68 percent faster, and 2.5 times more people passing through them than the fastest lane using physical or smartphone-based tickets, reports the Fredericksburg Free Press. The Phillies have taken their deployment stadium-wide for the 2024 season.

Prior to that, face biometrics were used for entry to New York Mets games with Wicket technology, and to Cleveland Guardians games with Clear’s technology.

The facial recognition technology for MLB’s Go-Ahead Entry was developed by NEC, according to an April 1 ESPN report.

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JPMorgan To Roll Out Controversial Biometric Payments

America’s largest bank and one of the largest in the world, J.P. Morgan, is preparing to launch biometric payments next year and is currently carrying out pilot projects.

J.P. Morgan has chosen PopID – which verifies a person’s identity via facial recognition, among other methods – as the backbone for the project.

The massive financial corporation is clearly unwilling to be left behind the likes of Mastercard or Visa, who are both implementing biometrics-powered payments.

According to the bank, one of the first events where this was trialed was the Formula 1 race in Miami, and that was also the first time this happened at a Formula 1 venue.

The ultimate goal is to expand authentication based on individuals’ fingerprints, palms, and faces to anyone interested, but with a focus on stores, restaurants, and various event venues.

J.P. Morgan says this will be a faster and safer, as well as “personalized” way for customers to pay, while those with things to sell are promised higher turnover and improved customer loyalty, but also a centralized place to access transactions and marketing data, say reports.

And what’s in it for the bank, other than potentially amassing large amounts of biometric data? Merchants will have the opportunity to buy J.P. Morgan Payments tablets, though this will not be obligatory, but support and transaction processing fees will be.

In a statement, the bank revealed that it is betting on biometric payments as the industry is forecast to grow to 3 billion users and $5.8 trillion worth of transactions over the next two years. And the giant expects digital commerce to eventually cover online, mobile, and in-store checkout.

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WEF: Biometric Digital ID Cards Could Track Vaccination Status, Dutch Queen Máxima Says at Davos

The introduction of biometric digital identity cards could be used by governments to track “who actually got a vaccination or not,” Queen Máxima of the Netherlands said at the annual World Economic Forum meeting in Davos this week.

Queen Máxima, a longtime social justice campaigner who has served as the United Nations Secretary-General’s Special Advocate for Inclusive Finance for Development (UNSGSA) since 2009, urged for the wider adoption of biometric digital ID cards globally during a WEF panel discussion titled “Comparing Notes on Financial Inclusion” on Thursday.

“When I started this job, there were actually very little countries in Africa or Latin America that had one ubiquitous type of ID, and certainly that was digital and certainly that was biometric… We’ve really worked with all our partners to actually help grow this, and the interesting part of it is that yes, it is very necessary for financial services, but not only.”

Aside from financial services, the Argentinian-born Dutch Queen went on to argue that the use of digital IDs could be used to keep track of “school enrolment” and to help people to receive welfare from the government.

In addition, Queen Máxima argued that digital IDs are “good for health” in that governments could use the system to track “who actually got a vaccination or not”.

The Dutch Queen has also been one of the leading proponents of the introduction of Central Bank Digital Currencies (CBDCs) to increase “financial inclusion”. While CBDCs function similarly to cryptocurrencies like Bitcoin, they are not based on a decentralised network but rather controlled by a central bank, which critics argue could potentially give the government the ability to track all financial transactions made by the public.

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Achtung! US Travel To Europe Will Require Prior Approval, Biometric Scanning

Traveling to most European countries is about to get more complicated and invasive for American citizens: In spring 2025, you’ll have to first request permission.  And you’ll be saying adieu to passport stamps and ciao to facial and fingerprint scans  and having your biometric data stored in an enormous government database. 

On Friday, an agency of the European Union announced the updated timing for the European Travel Information and Authorization System (ETIAS), which has first set to roll out in 2024. It applies to travelers from more than 60 countries that are currently exempt from visa requirements. Those countries have an aggregate population of 1.4 billion. 

As is the case today, Americans won’t need a visa, but they will need to apply in advance for permission to visit any of 30 EU countries for stays lasting up to 90 days. It will cost about $8 to apply, with requests submitted via the official ETIAS website or ETIAS mobile app. With activation of the process more than a year away, neither is yet configured to collect applications. ETIAS assures the public that most applications will be processed in minutes. 

The approval will be tied to your passport, and will be valid for up to three years or until your passport expires, whichever comes earlier. Once you have it, you’ll be able to visit as much as you want, so long as it’s a “short-term stay,” which generally means up to 90 days in a 180-day period. 

ETIAS recommends applying for permission “well in advance” of your trip, but doesn’t specify what that means. The agency does caution that the approval period “could be extended by up to 14 days if you are requested to provide additional information or documentation, or up to 30 days if you are invited to an interview.” There’s no indication where such interviews would be conducted or by whom. 

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Biometrics Look Increasingly Likely for Schools Afraid of Gun Attacks

When U.S. state of New York schools got the OK last week to use biometric systems short of facial recognition, the move gave more momentum to policies arming teachers with guns.

One of the first reactions came from the Security Industry Association, which criticized the fact that the state’s department of education continued to bar face biometrics collection of any kinds on school grounds.

The board announced that other biometrics systems can be used by schools so long as boards examine how doing so would affect privacy and civil rights, how effective the systems would be and how parents feel about the idea.

SIA members had opposed a three-year temporary complete ban on biometrics investment while campus deployment of facial recognition systems, specifically, could be studied. The ban’s lift largely followed recommendations of that report.

The group largely blames the continuing prohibition on face scans on “intense pressure” from the American Civil Liberties Union, which had filed a lawsuit to prevent a school district from putting AI behind CCTV networks.

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Twitter can now harvest YOUR ‘biometric’ information including fingerprint, face recognition and eye tracking data – as Musk’s site quietly updates its T&Cs ‘for safety purposes’

The social media platform formerly known as Twitter can now harvest your biometric data and DNA.

A new update quietly added to the platform’s privacy policy says that X now has permission to harvest its users’ fingerprints, retinal scans, voice and face recognition and keystroke patterns.

The update would mean that anyone who uses fingerprint verification to log in to the app from their phone, posts selfies or videos to the platform or speaks their mind on X ‘spaces’ could see their unique biometric data catalogued by the company. 

The new policy, which describes its interest in users’ biometrics as ‘for safety, security, and identification purposes,’ also added the platform’s intent to scrape up data on users’ job history, educational background and ‘job search activity.’

The move follows nearly a year of turmoil for the microblogging app, which has included Musk requesting that its users pay subscription fees for premium services and verification: part of his larger plan to recover from cratering advertising revenue.

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Microsoft Files For a Face-Tracking Patent

A patent filed in the US shows that Microsoft is working on technology that would allow it to track a person’s face in a way so comprehensive that the device powered by the tech could be referred to as a “face reader.”

And it could be used for gaming, but also for tracking remote employees. And who knows what else in between.

Microsoft says it needs the patent approved to develop mixed reality headsets that would be cheaper yet better at “understanding” expressions on human faces.

The patent filing doesn’t go into many considerations other than those of a purely technical nature, and this in a nutshell is how the under-development technology works.

Currently, converters are used that are not only bulkier to render high resolution tracking but also cost more to manufacture.

Now Microsoft wants to replace this method of tracking with elements directly embedded, circumventing the need for converters, and also what’s referred to as processing circuit area.

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Kenya Kicks Eye-Scanning Worldcoin To The Curb — Refuses To Become ‘Data Harvesting Guinea Pigs’

The Kenyan Ministry of the Interior last week suspended the controversial tech firm WorldCoin and any similar entities from operating in the country.

Co-founded by OpenAI’s Sam Altman, WorldCoin offers free crypto tokens worth roughly $50 to people willing to have their eyeballs scanned by a device called the Orb.

Relevant security, financial services and data protection agencies have commenced inquiries and investigations to establish the authenticity and legality of the aforesaid activities, the safety and protection of the data being harvested, and how the harvesters intend to use the data,” reads a statement from the Ministry issued last week.

Kenyan Cabinet Secretary Alfred Mutua was enraged over the technology, saying in a statement: “Let us support the stoppage of Kenyans being used as guinea pigs and their data being harvested.

“You have to ask yourself why your eyes are being scanned and information gathered. What does it mean and what will it mean to you and your offspring?

Another CS, Kithure Kindiki, assured citizens that the government would undertake all measures to ensure public safety and the integrity of financial transactions involving so many citizens, according to Kenyans.co.ke.

Further, appropriate action will be taken on any natural or juristic person who furthers, aids, abets or otherwise engages in or is connected with the activities until the government deems WorldCoin is safe. 

Following the directive, police officers were deployed to disperse hundreds queuing at KICC, Nairobi for the exercise

The directive comes minutes after ICT Eliud Owalo had stated that the government was yet to kick out the international company as it had not broken any laws.

That said, WorldCoin technically hasn’t broken any Kenyan laws – which, we imagine, is one of the reasons it was rolled out there.

“There are security issues even though in relation to the current data laws, they have not breached anything. Our laws, regulations are not comprehensive,” said Owalo. “Within the existing legal framework today, there are no provisions in the law that the organisation has negated. However, there could be security and regulatory issues around it.”

In response to the ban, WorldCoin co-founder Alex Blania claimed that the company’s intentions are above board.

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Controversial Eyeball-Scanning Worldcoin To Allow Governments To Use Its Digital ID System

OpenAI CEO Sam Altman’s Worldcoin is a good example of private companies doing their bit to push and introduce digital ID schemes to as many people as possible – although this effort is usually done by governments, and supported by various lobbies.

And now, Worldcoin has announced that it will be even more helpful to governments, by allowing them to use the system of biometric scanning it employs to sign users up. Other companies will be given the same privilege.

The intention is clearly to get as many people as possible on board, hence the “generosity” with sharing the iris scanning tech, as well as that designed to verify people’s identity.

And it’s no secret: “We are on this mission of building the biggest financial and identity community that we can,” is how Tools for Humanity (a company behind Worldcoin) executive Ricardo Macieira put it.

The mission marches on despite concerns not only from privacy focused non-profits and advocates, but also institutions in various countries that are tasked with protecting data privacy.

People – and the number mentioned in reports these days is 2.2 million so far – sign up to Worldcoin by giving up biometric data contained in their eyes, i.e., irises.

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