FBI forces suspect to unlock iPhone X with Face ID
Thought to be a world first
By Rob Thubron,
A hot potato: Since Apple unveiled Face ID in last year’s iPhone X,
there have been questions over whether authorities could force someone
to unlock a device by looking at it. Now, what’s believed to be the
first incident of law enforcement accessing a suspect’s iPhone using
Face ID has taken place.

According to a report by Forbes, the FBI raided the home of Columbus,
Ohio, resident Grant Michalski, who was later charged with receiving and
possessing child pornography.
The feds turned up with a search warrant that allowed them to search
Michalski’s computer for evidence. After discovering his iPhone X, they
asked him to put his face near the handset to unlock it using Face ID,
which he did. Agents then “placed the [phone] into airplane mode and
examined it by looking through the files and folders manually and
documenting the findings with pictures.”
Ever since Apple refused to help the FBI unlock the iPhone 5c belonging
to San Bernardino shooter Syed Rizwan Farook, authorities have been
using different methods of circumventing Apple’s encryption. We’ve seen
plenty of cases where law enforcement and judges have ordered people to
unlock their iPhones using their fingerprints—even dead people’s prints
have been used for this purpose. It now looks as if Face ID might be
used in the same way.
While evidence of criminal activity was discovered on Michalski’s iPhone
X, it wasn’t possible to perform forensic extractions on the device as
the FBI let it eventually lock and didn’t have the passcode. Recent
versions of iOS require this code when connecting a phone to a computer
if it’s been locked for over an hour. Another search warrant has been
granted, but it seems the FBI won’t be using Michalski’s face a second
time.
Although Michalski did comply with the request to unlock his phone using
Face ID, others may refuse by pleading their fifth amendment rights
against self-incrimination—something suspects have previously used as a
reason not to hand over their passcodes. However, it seems that Face ID,
much like the fingerprint-based Touch ID, is not covered by the same
fifth amendment rule, but expect plenty of arguments to the contrary to
start appearing in courts.
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