Hey Alexa? Are You Listening To My Criminal Activity?
Every single day I am fascinated about cyber security and privacy law. Among my clients there are no two that are a like, it’s always different and I did not imagine this is how I would be spending my days… and nights. Literally using every bit of my training as an IT geek, attorney and federal investigator to assist my clients.
The attached article, regarding a judge ordering Amazon to turn over possible Echo recordings in a murder case is just another example of how cyber security and privacy is touching traditional crimes. As a former FBI agent, it’s a wow moment, IoT will change the game when it comes to recordings and investigations. How does the court apply the rules of reasonable suspicion and probable cause to technology like the Echo? And just think about augmented and virtual reality devices and the potential of recording crimes, if the person doesn’t turn over the device, what is the service company’s stance on providing information to law enforcement? Suponea, probable cause, reasonable suspicion, or something else? Makes me wonder if those privacy policies and terms and conditions will be analyze to see if there is some language about, sharing your data with law enforcement during an investigation.
If you are an IoT company that allows your devices to listen, capture and/or record you have to, from inception, figure out what your policy will be when the long arm of the law reaches you. Amazon is of course fighting it, that is there stance.