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May 28, 2019


David Pellow

This message is for the lawyer part of futurelawyer. Two words: Fourth Amendment. As I understand the current state of the law, my password is protected by the "probable cause" standard, but my fingerprint is not, which means my iris probably won't be. Until the courts rethink what the word "search" means in a connected world, I will not be using biometrics to "protect" my client information. It's an imperfect world.


You are right, and I have posted about this before, and have stated several times that the testimonial exception probably applies to biometrics, such as fingerprints. However, as passwords pass into the ether, I also think it likely that the legal standards will change, and that a right of privacy will rise up around the use of devices that become essential to navigating our democratic republic.

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Lawyer,Poet, author, educator. Practices real property, corporation, wills, trusts and estates law in Pinellas County, Florida. Writes the FutureLawyer column. Gives seminars on technology and the law. Author of "Life is Simple, Really", Poems about Life, Loving, Family and Fun, and "Poems For Lovers".

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