Amazon to hand over Echo audio from alleged murder after defendant consents
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Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#2> after the defendant consented
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#3This should be a lesson to people who don't understand the distinction between "can't" and "won't".
If you're running things yourself and control the encryption keys required to access your data, then your service provider can't be compelled to release your data as it's not possible[1][2].
If you're delegating all of that to your service provider and they have access to the raw data, then you are putting all your trust in them to protect your data and prevent it's release. And that has to cover everything from hackers, to snooping employees, to the Feds.
[1]: Kind of ... I don't recall the Apple/FBI case going to court for a final resolution so it's possible they can compel the service provider to hack you to get the keys but at least they can't get it directly.
[2]: And obviously they can always come after you with a court order or rubber hose (or both).
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#4> after the defendant consented
Feels a bit weird. Why does a defendant consenting change anything? Presumably if they were asleep as claimed, they're basically consenting to something that's unrelated to themselves.
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#5> after the defendant consented
But how long before lack of consent is considered incriminating?
There are also many different jurisdictions which don't have 5th amendment style protections.
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#6> after the defendant consented
Feels a bit weird. Why does a defendant consenting change anything? Presumably if they were asleep as claimed, they're basically consenting to something that's unrelated to themselves.
Even if they were sound asleep; what Echo recorded may be incredibly damning - a muffled voice, screams, no evidence of someone sleeping nor of an intruder, yet enough to pull a Jury's emotions that a conviction is needed and the death penalty is merited.
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#7How is echo audio data substantially different than something like a tape recorder that was live in the man's home? What about a cell phone that was on a call at the time of the alleged murder?
I definitely understand wanting to ensure reasonable privacy for users, but to me it feels an awful lot of a stretch to say that the echo is off-limits in this case.
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#8> after the defendant consented
Feels a bit weird. Why does a defendant consenting change anything? Presumably if they were asleep as claimed, they're basically consenting to something that's unrelated to themselves.
That was my first thought. Why should the defendant have a say in what evidence can be collected? Did the Feds ask if they could take DNA samples from the scene, for example?
Re: Amazon to hand over Echo audio from alleged murder after defendant consents
#9How is echo audio data substantially different than something like a tape recorder that was live in the man's home? What about a cell phone that was on a call at the time of the alleged murder? I definitely understand wanting to ensure reasonable privacy for users, but to me it feels an awful lot of a stretch to say that the echo is off-limits in this case.
I suspect that it is as much about PR as anything else. Amazon probably has no qualms handing over the data per se. But they also realize that doing so without first putting up a 'fight' would look very bad.