面对面:克服第五修正案网络安全与自我指控之间的冲突
1Cleveland State University College of Law.
Journal of law and health
|August 16, 2023
概括
美国宪法第五修正案保护公民免受自我指控,但法院未能保护公民免受生物识别设备被迫解锁的侵害. 这需要一个网络安全镜头来保护宪法权利.
科学领域:
- 宪法 宪法 宪法 宪法 宪法
- 网络安全法 网络安全法
- 数字隐私 数字隐私 数字隐私
背景情况:
- 第五修正案禁止自我指控的特权保护个人隐私和司法公正.
- 目前的法庭做法未能保护公民免受生物识别设备被迫解锁的侵害,从而造成了宪法漏洞.
- 这种不采取行动破坏了反对自责特权的预期范围.
研究的目的:
- 分析生物识别加密访问与第五修正案禁止自我指控的特权之间的冲突.
- 倡导对有关生物识别数据和强迫证词的法庭先例进行重新评估.
- 提出一个以网络安全为基础的方法来保护数字隐私权.
主要方法:
- 关于第五修正案法理的法律分析.
- 在生物识别身份验证的背景下,对先决结论理论的审查.
- 网络安全原则和宪法保护的比较研究.
主要成果:
- 法院目前强制解锁生物识别设备的趋势与第五修正案相矛盾.
- 从网络安全的角度来看,生物识别身份验证应该被视为证词.
- 预先结论理论被应用得太广泛,侵蚀了第五修正案的保护.
结论:
- 法院必须采取前性的网络安全观点来解释第五修正案.
- 生物识别加密应该被视为类似于强制输入密码,需要高的证明负担才能访问.
- 保护免受自我指责的特权需要限制先决结论学说的广泛应用,并解决生物识别加密案件.
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