Cyberspace Law Committee Newsletter - February 2019

     

    Business & Corporate

    Message from the Chair

    Cheryl Dancey Balough

    I want to thank all the speakers who developed and presented programs for the Cyberspace Law Institute this year—and to subcommittee chairs for coordinating working sessions.

    In This Issue

    Business & Corporate

    “Face ID is Unavailable. Try Again Later”— Can Law Enforcement Force a Suspect to Unlock Their Phone by Face ID or Fingerprint?

    Heidi Kuffel, Katelyn Rauh

    According to a recent decision from the Northern District of California—no. In a recent ruling, Magistrate Judge Westmore concluded that compelling an individual to unlock their biometric devices—cell phones that can be unlocked via fingerprint, facial recognition, or iris scan—runs afoul of Fourth and Fifth Amendment rights.

    Business & Corporate

    Committee Member News

    Steve Middlebrook and Tom Kierner have launched two 50 state surveys addressing fintech topics that are increasingly regulated at the state level: payroll cards and blockchain & virtual currency. Their payroll card compliance map helps companies navigate the patchwork of state regulations on how they can electronically pay wages via payroll cards. Their blockchain map provides an up-to-date summary of the current law affecting blockchain technology and virtual currency, as well as proposed legislation and regulation. Steve and Tom plan to launch additional 50 state fintech surveys in the coming months.