5 ms·
Would that not still be different? The public doesn't have access to El Goog's recordings, so surely a warrant would still be needed as that precedent would not
by jk563 9y ago
Would that not still be different? The public doesn't have access to El Goog's recordings, so surely a warrant would still be needed as that precedent would not apply?
- pdkl95 9y agoGoogle is part of the public. Yes, this would depend on the interpretation of the court, but the point is that the expectation of privacy no longer exists when you are explicitly sending that audio to a 3rd party.
- jk563 9y agoI'd be very interested in how that would play out in a court. My gut instinct would be that there is a distinction between consenting to send voice data to a named company and conversations being deemed public. Of course, my profession is not in the legal domain.
- polishTar 9y agoNo. You're just making things up. Law enforcement must have a valid and legal warrant to access Google voice logs.
- pdkl95 9y agoI'm not talking about voice logs or anything else recorded by Google Home itself. Once people expect that their conversation can be recoded by a 3rd party, they no longer have the protections against other recordings being made. > Law enforcement must have a valid and legal warrant Kyllo v United States established a bright line test that the need for a warrant specifically depends on if the technology used is commonly available to and used by the general public.
- Karunamon 9y agoExcept that's not how any of these devices work. Nobody has any expectation that their words are being recorded until such time as they say "Okay google" or "Alexa".
- pdkl95 9y agoThis is about expectations. not technical features. If you walk into any random home, can you expect that your conversation is private? Today, that's already hard to answer because you first have to know if there are any Google, Amazon, Apple, or other devices that might start transmitting your conversation to a 3rd party. Do you know every possible wake word used by every devices with this kind of feature? At some point it is impossible to know the list of possible words you cannot speak and the public will simply start assuming that they may be recorded anyway. When that perception changes, so will legal doctrines.
- Karunamon 9y agoNot really, because every one of them gives an audiovisual prompt that speech is now being recorded. Nobody mutes those prompts because it makes the devices harder to use. You can own every single smarthome device in existence today and quite rightly assume that you are not being passively recorded. These concerns amount to overblown FUD.