Mind, Body and Code: Passwords, Biometrics and the Law of Digital Forensics
The lecture will examine the legal and forensic implications of
compelling suspects to unlock encrypted digital devices, a critical
issue at the intersection of digital forensics, criminal procedure, and
the AI-driven transformation of evidence.
In contemporary investigations, smartphones and personal devices may
contain communications, location histories, biometric identifiers,
AI-generated content, and traces of automated decision-making.
Yet encryption often turns seized devices into inaccessible evidentiary
containers, pushing authorities to seek passwords, PINs, or biometric
unlocking from the suspect.
The lecture asks whether, and under what conditions, such compulsion is
compatible with the privilege against self-incrimination and the right
to silence.
Starting from the European Court of Human Rights’ distinction between
testimonial and real evidence, it will analyze EU law, Italian criminal
procedure, and comparative models from Germany, France, and the United
Kingdom.
Particular attention will be paid to the difference between alphanumeric
credentials, which require a cognitive and communicative act, and
biometric keys, which treat the body as a forensic object.
The final part will connect these issues to the problem of AI-enhanced digital
investigations, e-evidence, end-to-end encryption, and the need for
proportionate safeguards capable of reconciling effective forensics with
fundamental rights in cross-border contexts and in technologically
complex, data-intensive criminal proceedings across Europe today