Investigators asked to use Michael Cohen’s Face ID to access iPhone

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Michael Cohen, President Donald Trump’s former personal attorney and fixer, arrives at federal court for his sentencing hearing, December 12, 2018 in New York City.

Investigators asked to use Michael Cohen’s face and fingerprints to access Apple devices belonging to the president’s former fixer and personal attorney, newly released warrant documents show.

Apple has historically resisted providing a backdoor to law enforcement during investigations, like in the case of the San Bernadino shooting in 2015, when the FBI asked the company to help it unlock an iPhone belonging to the alleged shooter. At the time, Apple CEO Tim Cook argued that if it were required to unlock the suspect’s phone, the government “would have the power to reach into anyone’s device to capture their data.”

The request in Cohen’s case differs, however, in that it would not require Apple to step in for authorities to access the contents of his devices. Apple declined to comment on the warrant documents.

In an affidavit supporting a warrant application, a sworn FBI agent requested “that the Court authorize law enforcement to press the fingers (including thumbs) of Cohen to the Touch ID sensors of the Subject Devices, or hold the Subject Devices in front of Cohen’s face, for the purpose of attempting to unlock the Subject Devices via Touch ID or Face ID in order to search the contents as authorized by this warrant.”

A judge authorized warrants of Cohen’s apartment and office that included his electronic devices as well as, “Any items or records needed to access the data stored on any seized or copied computer devices or storage media.”

Rulings have varied on the issue of whether a suspect can be compelled to provide their own biometric data to access their devices. In January, a federal judge rejected a warrant request in California that requested those present at the search provide their fingerprints and faces to access their devices, AppleInsider reported. The judge reportedly said the request “runs afoul of the Fourth and Fifth Amendments.” In 2016, however, a Los Angeles court granted a warrant to the FBI to unlock an iPhone with a suspect’s fingerprints, according to AppleInsider.

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