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What are the legal implications of passkeys? Are there any case law examples yet?

My understanding is it's 100% impossible to 'prove' I know a password or not as it could be written on a piece of paper somewhere, and it's entirely possible for that paper to be shredded and therefore any proof of that password is gone, forever. I remember hearing you cannot be compelled to hand over a password.

Biometrics et al on the other hand? Could/would a judge compel those to be disclosed? I saw a video of a police officer forcing somebody to use their face to unlock their phone to delete a video. With a password, this would be 100% impossible.

So yeah, think about that BEFORE using.




You don't have to enable the biometric part of this as you can still protect your device with a passcode/password only if you want. I just tested it and was able to use it with just my device PIN, no biometrics.

The part about not being able to be compelled to hand over a password or decrypt something is also not true in many parts of the world. See: https://en.wikipedia.org/wiki/Key_disclosure_law




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