ODW23C33 – Smart Assistants and the Constitutional Expectations in the Smart Age

Every day, smart assistants like Siri and Alexa respond to routine requests. Can the government compel disclosure of a user’s data in their smart devices? If so, under what circumstances?

Course Category: On-Demand Webinars

Course Level: Intermediate

CLE Credit: Substantive

CLE Hours: 1.5

Fees: $49 for Members and $70 for Non-members

Course Materials: Conference recording and a PDF of the PowerPoint slides.
Description: Every day, smart assistants like Siri and Alexa respond to routine requests. They call Uber, order pizza, and so on. What about this request: “Alexa, who killed John?” Is that request going too far? No, actually. That very question was the subject of a murder prosecution in Arkansas. A victim died in a home that had Alexa operational. The police suggested that, while recording its user’s voice commands, Alexa also captured other background sounds—possibly the critical moments of a crime. The police demanded the user’s Alexa data from Amazon. In another case, the FBI wanted to access a user’s iPhone, so it asked a court to force Apple to create software to break into the iPhone. Considered together, those two cases compel us to consider and answer two questions. Can the government compel disclosure of a user’s data in their smart devices? If so, under what circumstances?

Course Year: 2023

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Yes, these courses qualify for mandatory continuing legal education for: National Association of Legal Assistants, State Bar of California, Florida, North Carolina, and Louisiana State Paralegal Association.  For all others please check with the corresponding institutions.

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