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Amazon Argues That Alexa Is Protected By the First Amendment in a Murder Trial (qz.com)
Amazon is sticking to its guns in the fight to protect customer data. The ecommerce giant has filed a motion to quash the search warrant for recordings from an Amazon Echo in the trial of James Andrew Bates, accused of murdering friend Victor Collins in Bentonville, Arkansas in November 2015. And it's arguing that the responses of Alexa, the voice of the Echo, has First Amendment rights as part of that motion. From a report on Quartz: The company's lawyers claim that Alexa's recordings and responses are subject to free speech protections under the US constitution's bill of rights, and that prosecutors need to provide more evidence that this audio is essential to the case. "It is well established that the First Amendment protects not only an individual's right to speak, but also his or her 'right to receive information and ideas,'" Amazon lawyers wrote in a court filing. "At the heart of that First Amendment protection is the right to browse and purchase expressive materials anonymously, without fear of government discovery." Amazon also referenced a 2014 case involving Chinese search giant Baidu, where a court ruled that results returned by a search engine are protected by the First Amendment.
Having Amazon record and keep all that audio is the unreasonable invasion of privacy. The fact that people will not use their service if they realize what it does is Amazon's problem and not a reason to deny use of the material in court.