By Katherine Littlejohn, Staff Writer
It is not uncommon for our generation to have technological devices that include features such as Siri, Amazon Echo, and Google Home. In fact, it is actually very common. With the growth of our handheld technology, however, how far is too far when it comes to search warrants regarding discussions you have had while your iPhone was nearby, or when your Amazon Echo was listening? James Bates was recently affected by this dilemma when he was charged with first-degree murder and tampering with evidence for refusing to turn over Amazon Echo recordings.[1]
In Arizona, a search warrant was issued seeking to obtain the recordings of an Amazon Echo that were potentially documented during the murder of a former police officer. Victor Collins was 47 at the time of his death and was found in Bates’s hot tub on November 22, 2015, in Bentonville, Arkansas.[2] Police sought the recordings to see if anything was taped during the murder that could potentially lead to the conviction of the murderer.[3]
Originally, Amazon refused to turn over the recordings, stating that “[g]iven the important First Amendment and privacy implications at stake, the warrant should be quashed unless the Court finds that the State has met its heightened burden for compelled production of such materials.”[4] On March 3, however, defense counsel Kathleen Zellner, who was previously Steven Avery’s attorney in the Netflix series “Making a Murderer,” made a statement: “Because Mr. Bates is innocent of all charges in this matter, he has agreed to the release of any recordings on his Amazon Echo device to the prosecution.”[5]
The Amazon “Echo works by constantly listening for the “wake word” — “Alexa” or “Amazon,” by default — and then records your voice and transfers it to a processor for analysis so that it can fulfill requests or answer questions. The recordings are streamed and stored remotely and can be reviewed or deleted over time.”[6]
Although Amazon released the Amazon Echo recordings in this case, it is apparent that this will continue to be a constitutional criminal procedure issue in the future. “In my mind, as well as the minds of a lot of other privacy experts, the Echo has been a ticking constitutional time bomb, along with a lot of other features of smart homes and the internet of things,” said Carrie Leonetti, an associate law professor at the University of Oregon.[7] Essentially, it raises the question as to whether there is a reasonable expectation of privacy regarding a device that is always turned on in one’s home?[8]
Notably, Amazon’s refusal to comply with the warrant is similar to Apple’s refusal to hack a shooter’s iPhone following the terrorist attack that resulted in the deaths of 14 people in San Bernardino, California.[9] Ultimately, the FBI paid a professional hacker to do the job.[10] Based on these two highly-controversial cases, it is apparent that these constitutional issues will continue to rise the more commonplace smart devices become and it will be interesting to see how the courts determine how far is too far.
Sources
[1] http://www.pbs.org/newshour/rundown/amazon-releases-echo-data-murder-case-dropping-first-amendment-argument/
[2] http://www.pbs.org/newshour/rundown/amazon-releases-echo-data-murder-case-dropping-first-amendment-argument/
[3] http://www.pbs.org/newshour/rundown/amazon-releases-echo-data-murder-case-dropping-first-amendment-argument/
[4] http://www.cnn.com/2017/03/07/tech/amazon-echo-alexa-bentonville-arkansas-murder-case/
[5] https://www.washingtonpost.com/news/the-switch/wp/2017/03/09/can-amazon-echo-help-solve-a-murder-police-will-soon-find-out/?utm_term=.f629ee0d23d8
[6] http://www.cnn.com/2017/03/07/tech/amazon-echo-alexa-bentonville-arkansas-murder-case/
[7] http://www.pbs.org/newshour/rundown/amazon-releases-echo-data-murder-case-dropping-first-amendment-argument/
[8] https://www.washingtonpost.com/news/the-switch/wp/2017/03/09/can-amazon-echo-help-solve-a-murder-police-will-soon-find-out/?utm_term=.f629ee0d23d8
[9] https://www.washingtonpost.com/news/the-switch/wp/2017/03/09/can-amazon-echo-help-solve-a-murder-police-will-soon-find-out/?utm_term=.f629ee0d23d8
[10] https://www.washingtonpost.com/news/the-switch/wp/2017/03/09/can-amazon-echo-help-solve-a-murder-police-will-soon-find-out/?utm_term=.f629ee0d23d8
