Absolutely a password. I wonder if the iPhone, laptop, etc., state in their long contracts that you agree to clarify this by using the word “password” and whether or not the court must take this into consideration.
It's a good question. Apple doesn't treat FaceID/TouchID the same as PINs/Passwords. The PIN is the backstop and FaceID/TouchID is a secondary authentication layer on top of that. You can't have FaceID/TouchID without first setting a PIN; when your phone restarts you have to enter the PIN; and to change certain settings you need the PIN. I think it's clear Apple recognizes the differences between the two. But to be fair--the PIN existed before the biometrics. iPhone were locked with PIN codes before there was ever TouchID or FaceID.
As for whether a court has to consider Apple's TOS--probably not. The TOS are between you and Apple. If there's a dispute between you and the government, Apple's not really part of that--unless the government is trying to compel Apple to provide information on you. But that's a different issue.
Absolutely a password. I wonder if the iPhone, laptop, etc., state in their long contracts that you agree to clarify this by using the word “password” and whether or not the court must take this into consideration.
It's a good question. Apple doesn't treat FaceID/TouchID the same as PINs/Passwords. The PIN is the backstop and FaceID/TouchID is a secondary authentication layer on top of that. You can't have FaceID/TouchID without first setting a PIN; when your phone restarts you have to enter the PIN; and to change certain settings you need the PIN. I think it's clear Apple recognizes the differences between the two. But to be fair--the PIN existed before the biometrics. iPhone were locked with PIN codes before there was ever TouchID or FaceID.
As for whether a court has to consider Apple's TOS--probably not. The TOS are between you and Apple. If there's a dispute between you and the government, Apple's not really part of that--unless the government is trying to compel Apple to provide information on you. But that's a different issue.