Slashdot Mirror


Amazon Shares Data With Arkansas Prosecutor In Murder Case (ap.org)

An anonymous reader quotes a report from Associated Press: Amazon dropped its fight against a subpoena issued in an Arkansas murder case after the defendant said he wouldn't mind if the technology giant shared information that may have been gathered by an Amazon Echo smart speaker. James Andrew Bates has pleaded not guilty to first-degree murder in the death of Victor Collins, who was found dead in a hot tub at Bates' home. In paperwork filed Monday, Bates said Amazon could share the information and Amazon said it handed over material on Friday. The Echo "listens" for key words and may have recorded what went on before Collins was found dead in November 2015. Amazon had fought a subpoena, citing its customers' privacy rights. A hearing had been set for Wednesday on whether any information gathered was even pertinent.

54 comments

  1. NCIS and LawAndOrder thank you by turkeydance · · Score: 3, Funny

    Echo is their deus ex machina

    1. Re: NCIS and LawAndOrder thank you by Anonymous Coward · · Score: 0

      Excellent... Can I recommend a few interesting neighborhoods in LA and NYC you can start. You should try to start peacefully by visiting Jamaica Queens in NY and stand on a box with a large speaker and repeat what you said here and make sure the people hear it. I am 100% positive it will solve your racial problems within minutes. They will quickly come to an end.

  2. Wrong headline by Anonymous Coward · · Score: 5, Insightful

    Starting with "Amazon shares..." makes it look like Amazon is the story. It's not. Headline should have started with "Defendant agrees to share...".

    Not sure why it's a big deal, though - the search and seizure amendment prohibits doing that without due process. Looks like due process was being followed here.

    If Amazon Echo records voice in the home , and there is a law in California that you are not allowed to record voice without consent , are all Amazon Echo customers in California breaking the law? Probably their guests being murdered didn't know they were also being recorded.

    1. Re:Wrong headline by ShanghaiBill · · Score: 3, Informative

      If Amazon Echo records voice in the home

      It only records the sentence following the keyword, which by default is "Alexa".

      there is a law in California that you are not allowed to record voice without consent , are all Amazon Echo customers in California breaking the law?

      No. It is illegal to intentionally record someone without their consent or notification. Incidental unintentional recordings are not illegal. So an inadvertent recording by a false trigger would not be illegal.

      Probably their guests being murdered didn't know they were also being recorded.

      If they did, they could just say "Alexa, I am being murdered. Please call 911!

      Anyway, this murder took place in Arkansas, which is a "one party" notification state. So you can record without consent or notification as long as you are a participant in the conversation.

    2. Re: Wrong headline by Anonymous Coward · · Score: 1

      Alexa is always listening and their users know it. Therefore, unintentional recordings are impossible.

    3. Re:Wrong headline by Anonymous Coward · · Score: 0

      It only records the sentence following the keyword, which by default is "Alexa".

      Right. Also, cigarettes don't cause cancer, Enzyte will make your boner huge, and Donald Trump had the biglyest inauguration crowd ever.

    4. Re: Wrong headline by FatdogHaiku · · Score: 3, Informative

      There is a test for that...
      https://xkcd.com/1807/

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    5. Re:Wrong headline by jandersen · · Score: 1

      Starting with "Amazon shares..." makes it look like Amazon is the story. It's not. Headline should have started with "Defendant agrees to share...".

      No, I think there are two things worth noticing here: 1) Amazon records what you say in the privacy of your home, and 2) The court felt they had to ask the defendant for permission.

      None of these items are actually news, I think, but 1) is remarkable for not being more at the front of people's minds - I suspect most people are not really aware of it. And 2) is remarkable because it runs counter to what a lot of the loudest noise on the web seem to believe, namely that "They" (ie. the covernment and the state) run rough-shod over all civil liberties and rights; this seems not to be the case here.

    6. Re:Wrong headline by Anonymous Coward · · Score: 0

      1) was always apparent.
      2) the court did not feel anything. the court did not rule on anything. if it did, there is a strong chance it would have taken the route of running rough-shod over all civil liberties and rights of the defendant.

      The fact the court case was scheduled indicated the :"government and the state" were going to pursue it regardless of the defendants rights.

    7. Re:Wrong headline by Anonymous Coward · · Score: 0

      I assume you have wireshark dumps to prove this accusation?

    8. Re:Wrong headline by Anonymous Coward · · Score: 0

      you should not speak about something you know nothing about. i know this is slashdot, but come on.

      oh, you're a fuckwit.

    9. Re:Wrong headline by Anonymous Coward · · Score: 0

      Citing the wiki (take it for what you will...), there are many more states than that: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington all have laws requiring all parties to consent to monitoring.

      The issue is that the EULA gives Amazon not just consent, but the ability to do what-the-fuck-ever they want with what is recorded. If they want to put a mp3 file of someone's week in their home for streaming, the EULA allows them to do so, with binding arbitration protecting them.

      With the court precedents, Amazon's EULA will prevail, so even though it is "illegal", by using the device in any way, one consents forevermore to having it listen in.

      tl;dr. If you don't want a company recording your stuff 24/7, don't bring in an appliance that does it. First semester law school stuff.

    10. Re:Wrong headline by nedlohs · · Score: 1

      Except that they did try to get the records without asking the defendant, it would be difficult for Amazon to drop its fight against subpeona if there was no subpoena after all.

      It's the normal bog standard case of the prosecution/police asking for someone's private data held by a third party by serving a search warrant on that third party. With the little less typical case of the third party pushing back and challenging the warrant. And the very uncommon case of the person just saying "go ahead" - one can only hope he had a good lawyer before doing that and they know something...

    11. Re:Wrong headline by Anonymous Coward · · Score: 0

      Yes, as soon as I took Enzyte I started getting a lot of traffic on port 69.

      On a more serious note, the traffic Echo sends back to the mother ship is encrypted. I don't have the keys to decrypt it and see what's inside. It's the same with Microsoft and Windows 10. People come out of the woodwork to defend the company, saying "PROVE they're spying!" Well, nobody can, because nobody can tell what's in the traffic - that doesn't mean it isn't happening.

    12. Re:Wrong headline by xanthines-R-yummy · · Score: 1

      It's called following up. Or in it's abbreviated form: FU!
       
      /joke

    13. Re:Wrong headline by HiThere · · Score: 1

      And it's proper to wonder *why* people come out of the woodwork, since we know that such things as astroturfers exist. But we also know that fanbois exist, so certainty isn't available.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    14. Re:Wrong headline by Anonymous Coward · · Score: 0

      CA law is obviously to protect private citizens who don't consent, whereas I believe the echo has language where ... by using this device you are consenting to be recorded.... or something that Amazon can hide behind. If anyone is breaking the law, it's the echo owner if they don't disclose the fact of Echo recording everyone and anyone in "earshot". I find the echo to be insidious and creepy, but as with all things, there's an upside and a down. Maybe it's not an accident that by adding an ID and an IoT you get an IDIoT.

  3. BASED STICKMAN NEEDS UR SUPPORT by Anonymous Coward · · Score: 0

    https://www.wesearchr.com/bounties/based-stick-man-legal-defense-fund

    FIGHT TYRANNY

  4. And the truth comes out! by Gravis+Zero · · Score: 2

    *playing Halo*
    <VC> Alexi, have someone kill this bastard who keeps blowing me up with sticky grenades!
    <Ekho> ok
    *VC laughs*

    And that's why you don't buy the knockoff version on eBay! ;)

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:And the truth comes out! by Hulfs · · Score: 1

      You joke about knockoff versions, but I've been watching Schitt's Creek lately and there's a character named Alexis on the show and my Echo Dot wakes probably twice an episode due to hearing someone say Alexis (usually it's when Catherine O'Hara yells it). Every once in a while, it'll respond with something random, usually though it just says "Sorry, I couldn't understand what you are asking."

  5. SUBJECT REQUIRED by Anonymous Coward · · Score: 1, Interesting

    And that's why these companies need to take a leaf out of Apple's book - don't collect data if you don't want to share it with law enforcement. Siri doesn't record you, and doesn't transmit anything to a server until it locally recognises "Hey Siri", or you physically press a button.

    Of course, all these other companies are busy trying to mine all your user data, so they're busy transmitting and storing everything they possibly can. Then they try to pull the "user privacy" defence when they themselves have been busy violating your privacy.

    1. Re:SUBJECT REQUIRED by Anonymous Coward · · Score: 0

      There is no evidence Alexa works any differently.

    2. Re:SUBJECT REQUIRED by nedlohs · · Score: 1

      So exactly what the article says that echo does then. If you believe Apple you believe Amazon, surely.

    3. Re:SUBJECT REQUIRED by HiThere · · Score: 1

      How do you know Siri actually works that way? Have you examined the code? That it is claimed to work that way I believe, but that's a very different statement.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  6. Fuck Amazon by Anonymous Coward · · Score: 0

    I'm never buying from them again.

  7. Dumb move by defendant by Anonymous Coward · · Score: 0

    No matter what's in the recordings, it'll never be used to exonerate James Andrew Bates. If there's no evidence there for the prosecution, the evidence won't be brought into the trial. If anything in there, even taken out of context, can be used to show suspicion or guilt, it'll appear.
    He presumably believes that since he's innocent, nothing in the recordings could possibly prove him guilty and there might be something there that'll help him look innocent. He thinks he's got nothing to lose. In truth he's got absolutely nothing to gain. If you're already named a defendant, and evidence like this may be declared inadmissable, you don't ever help your own prosecution.

    1. Re:Dumb move by defendant by BitterOak · · Score: 1

      Another possibility is that there is information in the recordings which may exonerate him, perhaps someone else in the house threatening to kill the victim. The prosecution is required by law to share exculpatory evidence with the defense, even if they don't plan to use it at trial.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:Dumb move by defendant by EmeraldBot · · Score: 1

      But if he truly thinks he's innocent, he's got nothing to lose. The worst scenario might be some out of context snippets, but the most likely scenario is nothing of interest. By letting it by admitted, he potentially scores points with a jury, and there might even be something in the recordings that backs him up - wouldn't be the first time.

      --
      "Set a man a fire, he'll be warm for the rest of the night. Set a man afire, he'll be warm for the rest of his life."
    3. Re:Dumb move by defendant by Anonymous Coward · · Score: 0

      ... prosecution is required by law ...

      That fails to happen on a regular basis for violent crimes: The DA is more interested in marking the case closed and making a name for himself than exercising justice. One DA even demanded that exculpatory evidence be hidden from the defense, and the judge agreed. Both grand juries and judges fail to prevent DAs side-stepping the facts or the truth.

      https://www.publicintegrity.org/2003/06/26/5524/anatomy-misconduct
      http://www.foxnews.com/story/2006/12/14/key-dna-evidence-in-duke-rape-case-withheld-from-defense-for-six-months-lawyers.html
      http://www.wbrc.com/story/22284641/conviction-overturned-in-hunters-mountain-rape-cases
      http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7353&context=jclc
      "Brady's blind spot: Impeachment evidence in police personnel files"
      "Getting Life: An Innocent Man’s 25-Year Journey from Prison to Peace"

      Misconduct when found, and found to be deliberate, is not contempt of court and thus cannot, in many cases, be prosecuted.

      It's been argued that the increasing power of SJWs is a form of tribalism predicted by 'The rise and fall of the state' (1999), which argues that people move from supporting the government to vigilante behaviour. An Australian documentary 'Digilante' (2016) explains that one bystander's attempt to name and shame racist language resulted in the media hijacking the issue and SJWs self-righteously threatening murder of the racist's family

    4. Re:Dumb move by defendant by phantomfive · · Score: 4, Informative

      "Don't talk to the cops" is good advice when you are being arrested, or pulled over for something because you're not a lawyer, and you don't know all the tricks the cops have.

      This guy does have a lawyer though, and the lawyer knows all the tricks, and has determined that it is ok to let the recordings be released. I can't really comment wisely on that topic, but I can pretend to:

      *) The lawyer may think that the recordings will help the case.
      *) The lawyer may have decided that the recordings would probably be released anyway, so might as well cut to the chase.
      *) The lawyer might think the openness will help the case.
      *) The lawyer might think his client is guilty and hopes he goes to jail.

      --
      "First they came for the slanderers and i said nothing."
    5. Re:Dumb move by defendant by Paradise+Pete · · Score: 1

      But if he truly thinks he's innocent, he's got nothing to lose.

      I think he does. For the same reason that good lawyers tell you to never speak to the police when you've been arrested.

    6. Re:Dumb move by defendant by Anonymous Coward · · Score: 0

      *) The lawyer is incompetent. Conceding this point now closes a lot of avenues of appeal should his client be found guilty (given that the everything involving the legal system is a complete crapshoot).

    7. Re:Dumb move by defendant by nedlohs · · Score: 1

      Yes he does have something to lose. And no it doesn't score points with a jury.

      Hopfully he has a good lawyer with a plan and he's not just trying to be nice.

    8. Re:Dumb move by defendant by Anonymous Coward · · Score: 0

      Well of course he's got something to lose. But the point about not speaking to the police is not to do so without a lawyer: this guy has a lawyer, so presumably the lawyer has good reason to think that whatever is on the recording will help the defence.

    9. Re:Dumb move by defendant by phantomfive · · Score: 1

      Conceding this point now closes a lot of avenues of appeal should his client be found guilty

      Does it? Which avenues of appeal does it close off?

      --
      "First they came for the slanderers and i said nothing."
    10. Re:Dumb move by defendant by Paradise+Pete · · Score: 1

      How can he know? Did Amazon let him listen first?

    11. Re:Dumb move by defendant by gatfirls · · Score: 1

      What if after listening to the recordings themselves, the recordings go a long way to prove his innocence? I highly doubt they would concede this point just because "whatever" when amazon was fighting their fight for them.

  8. Whelp, he's probably screwed now. by Anonymous Coward · · Score: 0, Insightful

    "after the defendant said he wouldn't mind if the technology giant shared information that may have been gathered by an Amazon Echo smart speaker."

    This is not a smart man. If he's even a little unlucky, he may very well have condemned himself, whether or not he actually did anything. All it could take is a poorly chosen word or two, a clever prosecutor, and a jury who can be convinced to "make a stand against criminals" or some such bullpucky.

    Even if he didn't do it, he's effectively giving up his 5th.

    "Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre."
    "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."
      - Attributed to Cardinal Richelieu
     

  9. How could you know this? by jbn-o · · Score: 4, Insightful

    Are you making claims beyond your knowledge? The device runs on proprietary software. By default we have no idea when the device is listening (most likely all the time, otherwise how would it know when someone uttered the 'wake word'?), we have no idea if there's a recording made, and we have no idea where that recording goes (users certainly don't get to control where the recordings go somewhere or if any such recordings are made).

    Perhaps this is why it's a better idea to manually bring up a website & order something, or (by extension for TVs which are now "smart") not get a TV running proprietary software with a camera and mic aimed at the user...often in their bedroom aimed at squarely at their bed.

    How many unwitting porn stars are there now? Just give us a round figure, so to speak.

    1. Re:How could you know this? by gnick · · Score: 2

      By default we have no idea when the device is listening (most likely all the time, otherwise how would it know when someone uttered the 'wake word'?)

      Per my understanding, they claim that it's always listening, but only recording after it hears the 'wake word'. I tend to believe them - Not because I trust them or undervalue what it would be worth to them to have access to everything said in the home, but because I think they fear the backlash should a case like this come up and it be revealed that they were recording more than they reported.

      --
      He's getting rather old, but he's a good mouse.
    2. Re:How could you know this? by Anonymous Coward · · Score: 0

      How do you know there will be a backlash? There are so many cases in the news of privacy encroachment, security breaches, surveillance enhancements. Couple that with the fact that people don't give a rat's ass about privacy, a device could be always -recording-, and anyone who finds out would be not just nailed by the EULA they agreed, but to the DMCA.

  10. Latest XKCD is on this topic by Michael+Woodhams · · Score: 1
    --
    Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
  11. is it 3 laws safe? by goombah99 · · Score: 1

    I think he made Alexa promise to kill him.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  12. Are our phones safe? by Billly+Gates · · Score: 1

    Both droids and Iphone have Sirii and Googlle Now

    1. Re: Are our phones safe? by Anonymous Coward · · Score: 0

      I don't think they are, especially with the suspicious push to get everybody on one of the two government approved smartphone OS. They say there's no back door, I think they're liars.

    2. Re:Are our phones safe? by Solandri · · Score: 2

      Google lets you see/hear everything they've recorded from you. And lets you delete it too if you wish.

      Deleting it will decrease their effectiveness at recognizing what you say. They use your voice history to "learn" your specific speech patterns, helping recognize future voice queries. But as with most things Google, they leave the choice to you, unlike the other services.

    3. Re:Are our phones safe? by HiThere · · Score: 1

      And, as with the other services, they may be telling the truth, but you can't verify.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:Are our phones safe? by Anonymous Coward · · Score: 0

      I probably shouldn't have to explain this to you given your account age, but that is just a user interface - it could easily be a "consumer view" of a small subset of the data they collect and we have no way of knowing apart from raiding Google and examining collected data.

      To answer OP though, absolutely not safe - just look at today's CIA leaks on Wikileaks - hoarded 0day vulnerabilies for both platforms. Always treat your phone as an always-on microphone and video camera (and even keylogger for nearby keyboards). They wouldn't bother using/revealing such capabilities for such a small fry case like murder though! Only threats to their authority.

  13. This is super strange... by ckatko · · Score: 1

    ...it's almost like that thing experts have been screaming at the top of their lungs for a decade (or longer!) have been warning people about.

    You sucked on the SaaS titty, and now you get to pay for it with your butthole.

    And, as always, it always "begins" with the worst criminals. Pedophiles. Murders. "Think of the children!" they'll say, as they inch closer and closer to sticking a camera inside your anus while calling it "progress" and "freedom."

  14. Next Headline by StormReaver · · Score: 1

    The next headline we can expect:

    "James Andrew Bates Faces New Charges from Alexa Disclosures"

    This man is an idiot.

    Rule #1: If you're guilty, it's imperative to give prosecutors nothing not absolutely required by law.
    Rule #2: There are so many laws on the books, you're guilty of something; even if you have done absolutely nothing wrong.

    1. Re:Next Headline by Anonymous Coward · · Score: 0

      Either he is an idiot or his lawyer is. Look up "never talk to the police" on the web, there are some interesting videos on this point.

    2. Re:Next Headline by gatfirls · · Score: 1

      Or, echo recordings exonerate man? You do realize that the best they could hope to get from this was support from the timeline and possible someone saying "alexa, play katy perry roar"/etc and not the recordings from inside the house nonstop. There is a security risk from these devices being exploited but if amazon was recording outside of being activated by the keyword they would fold as a company overnight.

      As I said before, I highly doubt they would concede this point just because "whatever" when amazon was fighting their fight for them.

  15. Something Fishy... by Anonymous Coward · · Score: 0

    Nothing about this story should have made headlines...
    until Amazon withheld reasonable evidence that had been reasonably subpoenaed...
    because the subpoena asked for '*the* recoding' and Amazon said that was too broad.
    Curious unless you assume Amazon like any other big company hoovered up and recorded everything.
    Amazon didn't want the court and therefore the people to find out the 'recording' is a continuous stream since Alexis was turned on.
    The prosecutors didn't see why they should 'narrow' their request so Amazon tried elsewhere.
    Get the defense team to authorize the release...of something more 'reasonable.
    Voila, Amazons problem solved.
    Why would the defense agree?
    Only if they felt it would help prove their innocence...
    or if Amazon 'scratched' their back somehow.