Posted on 02/24/2017 11:18:11 AM PST by nickcarraway
Amazon is doubling down on its refusal to turn over voice records from an Echo device to Arkansas police, who believe the digital voice assistant may help solve a hot tub murder from last November.
In a new filing in Arkansas state court, Amazon (AMZN, -1.06%) claimed records from the Echo should receive special protection under the First Amendment since what owners say to the device—and the answers its assistant "Alexa" provides—are a form of free expression.
"At the heart of that First Amendment protection is the right to browse and purchase expressive materials anonymously, without fear of government discovery," said Amazon, adding that Echo voice records could reveal information about a person's health or political views.
The new filing comes two months after Alexa's role in a murder investigation became national news. The case turns on the murder of Victor Collins of Bentonville, who was found floating in the hot tub of his friend, James Bates, where he died of strangulation and drowning. Bates is the prime suspect in the case, and police seized his Amazon Echo device as part of the investigation.
While Alexa devices on their own don't contain a record of conversations, Amazon does create a record on its servers of everything users ask, as well as the answers Alexa provides. It's those server records the Arkansas police wish to obtain. While it's unlikely anyone asked, "Alexa, how do I hide a body?" the records might contain other clues about what happened at Bates' house that night.
In its filing, Amazon says it has complied with the police request to preserve the voice records from Bates' Echo, but that it should not have to turn them over unless police show a compelling need as well as a strong connection between Bates and the device.
Amazon's argument reflects the heightened protection the Constitution affords when free speech is at stake. In the Bates case, Amazon is not saying the police have no right to the records—only that they have to make a very strong case that they need them. Otherwise, there's a risk police could begin demanding records from Echos or similar devices, such as the Google Home (GOOG, -0.64%), willy-nilly in any investigation.
This is not the first time Amazon has sought to throw up a First Amendment shield around its customers' activities. In a 2010 case involving tax collectors in North Carolina, the company successfully argued it should not have to turn over customers' purchase histories. A court in the case agreed that what people buy on Amazon reflect information about their private lives—and making such information easily accessible to police could chill free expression.
The Alexa hot tub affair is shaping up to be an important test case of traditional First Amendment rights, such as those involving library or bookstore records, and how they should apply to an age when people turn to their devices for information.
Finally, Amazon's filing contains another important piece of information about privacy: The company points out that police seized Bates' phone and, if he had installed the Alexa app, they could have been able to obtain the voice records that way. (Bates did not install the app).You can read Amazon's legal argument, spotted by Forbes, in full here (I've underlined some key parts).
It would be a Fifth amendment argument... and we have probable cause.
“Alexa, call 911.”
I’m not sure why Amazon keeps these records in the first place. It’s a bit creepy.
The attorney who wants this needs to find another job. There is no way on earth that this kind of recording is reliable enough for use in a murder trial.
I'm sure their response would be along the lines of "...to better serve your needs and desires", but more likely to create a more accurate profile to sell.
I wonder what "Alexa, what's the best commercial immersion blender that will deal with human bones, but won't scratch the bathtub?" would return?
If they’re creating a profile to sell (clearly they are), their First Amendment and privacy arguments are rather weak. They’ve already established what they are; they’re just quarreling over the price. Perhaps if the Police were to offer to match Amazon’s going rate for this information, they could come to an amicable agreement.
Did “Alexa” murder someone, or was “Alexa” murdered?
I’m with Amazon on this.
Plus, the device “misunderstands” words with regularity.
Even an attorney who finished last in his law class could get an Echo’s “testimony” adequately impugned as to be useless.
Ever notice liberal outfits such as Amazon and news media are first to kick cry and scream about first amendment issues but when it comes to the second amendment they go out of their way to rip it to shreds?
I believe that Amazon is being asked for this information because someone (like the NSA) already knows it exists and tipped off law enforcement.
One of the reasons the requests and answers are stored is so you can use the Alexa computer app to review what you ask Alexa and what she did what you wanted or how she answered.
You can then ‘grade’ her on whether or not she did what you wanted her to. At this point, if you want to, you can delete any and all saved data.
So there would be no data for the police to review.
You keep the records to refine the process. Alexa is going to give the same answer to the same question, but if more than half the time that’s followed up by another question that wasn’t the answer the person was seeking you know Alexa needs to be tweaked. In the end Alexa is just a search engine, and a search engine is only as good as its ability to give the information wanted the first time.
Wouldn’t it align better with 4th Amendment protections? Then if probable cause was clearly established, a warrant would free the information.
Amazon and all these other voice to the “cloud”(ptui!)”services” would have to admit they were nothing more than voluntary eavesdropping devices.
Every snapchat, facetime, voice call, etc. is archived on the providers servers. STORAGE IS CHEAP relatively speaking.
No thanks...
KYPD
Until, ‘Alexa’ can mix and serve me a perfect Dirty Martini, she is not welcome in my home.
Alexa, KILL!
That's the same thing. A more accurate profile is how your needs and desires are better served.
However I don't think that's the reason the would keep the recordings.
They, like Microsoft, Google, etc., use that information to firm up models about users, user locations, trends, demographics, etc., and myriad other metrics. Although it likely is dished to the user in the EULA as obtained without identifying the user specifically, one can only guess whether this is true. ANY device that uses a mic is subject to this type of data gathering, and likely is listening to what goes on in its current environment. So beware. I keep my phone mic off and do not use desktop audio input devices.
A friend has one and asked it “Tell me a joke?” and it told a stupid joke. I said “I wonder if she is PC? Alexia, tell me a Rabbi joke” “I’m sorry, I don’t know any Rabbi jokes.”
In case you came back later and said I didn’t order that stuff.
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