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Amazon to hand over Echo audio from alleged murder after defendant consents

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21–30 of 196 posts

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#21
At this point I assume they have a warrant, so I don't understand what the problem is. People should assume their devices can and will be used against them. A much more tricky conversation is when a friend of mine discovered that fragments of his a session with his psychologist recorded by his Android Wear watch.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#22
post #3

This 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 tru…

>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

The court can just hold you in contempt until you do[1]. They also probably won't buy "I forgot".

[1]: https://arstechnica.com/tech-policy/2016/04/child-porn-suspe...

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#23
post #16

I own an Echo and this is part of the reason it now sits unplugged. To be honest, it doesn't provide enough value for me to consider potentially compromising the privacy of my home.

Mentioned this in another comment, but they can only reveal voice data IF the victim said "Alexa" when the crime was taking place. If the victim didn't say "Alexa" that day, then there's nothing to reveal.

Or thought it heard Alexa. There were many many times when my devices recognized Hey Siri and Okay Google during regular conversation when no such thing was said. I've disabled that capability on all my devices as well.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#24
post #14

Earlier quoted context omitted.

Wouldn't a jurisdiction without 5th amendment protections be unconstitutional?

We do not all live in the USA.

This case does though and considering its a 5th amendment case I'm not sure how it would be relevant internationally.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#25
post #3

This 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 tru…

>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 The court can just hold you in contempt until you do[1]. They also probably won't buy "I forgot". [1]: https://arstechnica.com/tech-policy/2016/04/child-porn-suspe...

If you delete the data, prior to getting the notice to produce the data and it wasn't deleted in anticipation of such a notice, sure the court could hold you in contempt, but legally you've done nothing wrong.

You cannot easily make a third random third-party delete your data.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#27
> Amazon has agreed to hand over data from an Amazon Echo that may have been operating as an alleged murder took place, after the defendant consented.

A much more interesting question is if Amazon would have released the data without the defendants conset.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#28
post #3

This 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 tru…

Or as cperciva put it, "Playing chicken with cat.jpg"

http://www.daemonology.net/blog/2012-01-19-playing-chicken-w...

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#29

Earlier quoted context omitted.

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?

You could allow the police to do that without a warrant, if you wanted to. Amazon doesn't need to argue whether the prosecution have a legitimate order to seize the data if the 'owner' is willing to turn it over.

Re: Amazon to hand over Echo audio from alleged murder after defendant consents

#30
post #14

Earlier quoted context omitted.

We do not all live in the USA.

This case does though and considering its a 5th amendment case I'm not sure how it would be relevant internationally.

The basis premises (privacy amidst a sea of devices which record at various times and save these recordings off-site) are universal.
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