5 ms·

Fitbit Data Now Being Used In The Courtroom

62 points by _pius 12y ago

lamby 12y ago
Do note that the plaintiff bringing the evidence is a private citizen, rather than the insurance company (ab)using someone's Fitbit data.
jack-r-abbit 12y ago
> a potentially troubling precedent as the court's access to such data increases. This is just fear-mongering. The court only has access to this data because the owner of the data has brought it to the court as evidence in their case.
- gwern 12y ago
  Maybe you should've read down further to the part where it addresses the ability of the opposing side to get court orders for such data in the future, and precedent.
- 001sky 12y ago
  this is wrong. you publish this stuff online, its fair game. many fitness apps are basically trackers. For example, popular cross-country running and mtb routes? very often these are in contested use sights. runners/hikers/bikers/horse rider hate each other (at least in CA) and private landowners loath them all too (as tresspassers) meanwhile state and federal agents have a vested interest in protecting their access/permit monopolies. You can be assured that at some stage litigants in these disputes will bring any and all evidence like this forward-- if/when it suits a litigation brief.
- drewvolpe 12y ago
  If it becomes used regularly, prosecutors will be able to subpoena it from any user (as they do today with email and phone records).
hawleyal 12y ago
This is just the same as your car, your phone, or anything else that can be tracked being used to suppose that you were at those locations personally. It's not certain, just probable.
kolev 12y ago
I predicted this here a while ago. Apps like Moves are even worse bundling activity with location.
danso 12y ago
Some people here are probably listening to the Serial podcast, which investigates the evidence in a 15-year-old murder case in which the convicted killer still proclaims his innocence, and in which no physical evidence tying him to the scene was found. The convicted killer has no alibi and claims he can't remember what happened that day (he was arrested several weeks after the murder)...he thinks he might have been in the library at the time of the murder to check his email, but that was either never checked or either logged...there weren't as many cameras around his high school back then, and cell phones didn't have GPS nor were the towers conclusive in their pings (in terms of locating where a phone call took place). Listening to that podcast is like listening to a time capsule, and I wonder if a muddled-up murder story like that could ever happen again? We carry around too many location-enabled devices out of habit and we log in and communicate across too many online systems to not leave a trace of what we do on any given day. If you were intent on committing murder, and fabricating a foggy alibi...leaving your Fitbit or phone behind, even for a few hours, might be used as circumstantial evidence against you.
buckbova 12y ago
Probably better off submitting the referenced article. http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-data-court-room-personal-injury-claim/ http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-dat...
wzsddtc 12y ago
Those data can be used for good. We have had a user of my app telling us once that they were robbed had sleep voice recording from the app on and it recorded the whole robbery (with the robber threatening and the victim yelling, crying, and being scared. (The victim later shared the recording with us) The recording was used for police investigation and evidence for voice matching.
rosser 12y ago
This is categorically different from such data being used against the user in a criminal case. This is instead the user using data generated by her own device to substantiate her own tort claim.
paulhauggis 12y ago
The verge is garbage. They are the ones that claimed the scientist that landed on the Comet hates and excludes women because of the shirt he was wearing. His shirt was given to him, by a woman, as a good luck charm and he was crying on camera when asked about it. Why can't we stop passing these shit writers and shit articles off as anything resembling news?
- ghettoCoder 12y ago
  Hear hear!
- paulhauggis 12y ago
  I see the Verge writers must also be HN readers. Should I start a #vergegate? or how about an #HNgate? :-D Update: I must have made someone afraid. Social media is dangerous. You shouldn't enjoy the power of the masses..when you yourself will eventually be the target.
  - mikestew 12y ago
    > I see the Verge writers must also be HN readers. You've been around long enough to know exactly why you're being down voted, and to know that it's not some conspiracy. Here, let me help: "off-topic". If that doesn't work for you, try "thread hijack".
    - paulhauggis 12y ago
      Like I care about what you have to say or how you are trying to "help" me.
dang 12y ago
Url changed from http://www.theverge.com/2014/11/17/7236311/fitbit-data-is-being-used-as-evidence-in-court http://www.theverge.com/2014/11/17/7236311/fitbit-data-is-be..., which points to this.

62 points by _pius 12y ago

lamby 12y ago

Do note that the plaintiff bringing the evidence is a private citizen, rather than the insurance company (ab)using someone's Fitbit data.

jack-r-abbit 12y ago

> a potentially troubling precedent as the court's access to such data increases. This is just fear-mongering. The court only has access to this data because the owner of the data has brought it to the court as evidence in their case.

gwern 12y ago
Maybe you should've read down further to the part where it addresses the ability of the opposing side to get court orders for such data in the future, and precedent.
001sky 12y ago
this is wrong. you publish this stuff online, its fair game. many fitness apps are basically trackers. For example, popular cross-country running and mtb routes? very often these are in contested use sights. runners/hikers/bikers/horse rider hate each other (at least in CA) and private landowners loath them all too (as tresspassers) meanwhile state and federal agents have a vested interest in protecting their access/permit monopolies. You can be assured that at some stage litigants in these disputes will bring any and all evidence like this forward-- if/when it suits a litigation brief.
drewvolpe 12y ago
If it becomes used regularly, prosecutors will be able to subpoena it from any user (as they do today with email and phone records).

hawleyal 12y ago

This is just the same as your car, your phone, or anything else that can be tracked being used to suppose that you were at those locations personally. It's not certain, just probable.

kolev 12y ago

I predicted this here a while ago. Apps like Moves are even worse bundling activity with location.

danso 12y ago

Some people here are probably listening to the Serial podcast, which investigates the evidence in a 15-year-old murder case in which the convicted killer still proclaims his innocence, and in which no physical evidence tying him to the scene was found. The convicted killer has no alibi and claims he can't remember what happened that day (he was arrested several weeks after the murder)...he thinks he might have been in the library at the time of the murder to check his email, but that was either never checked or either logged...there weren't as many cameras around his high school back then, and cell phones didn't have GPS nor were the towers conclusive in their pings (in terms of locating where a phone call took place). Listening to that podcast is like listening to a time capsule, and I wonder if a muddled-up murder story like that could ever happen again? We carry around too many location-enabled devices out of habit and we log in and communicate across too many online systems to not leave a trace of what we do on any given day. If you were intent on committing murder, and fabricating a foggy alibi...leaving your Fitbit or phone behind, even for a few hours, might be used as circumstantial evidence against you.

buckbova 12y ago

Probably better off submitting the referenced article. http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-data-court-room-personal-injury-claim/ http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-dat...

wzsddtc 12y ago

Those data can be used for good. We have had a user of my app telling us once that they were robbed had sleep voice recording from the app on and it recorded the whole robbery (with the robber threatening and the victim yelling, crying, and being scared. (The victim later shared the recording with us) The recording was used for police investigation and evidence for voice matching.

rosser 12y ago

This is categorically different from such data being used against the user in a criminal case. This is instead the user using data generated by her own device to substantiate her own tort claim.

paulhauggis 12y ago

The verge is garbage. They are the ones that claimed the scientist that landed on the Comet hates and excludes women because of the shirt he was wearing. His shirt was given to him, by a woman, as a good luck charm and he was crying on camera when asked about it. Why can't we stop passing these shit writers and shit articles off as anything resembling news?

ghettoCoder 12y ago
Hear hear!
paulhauggis 12y ago
I see the Verge writers must also be HN readers. Should I start a #vergegate? or how about an #HNgate? :-D Update: I must have made someone afraid. Social media is dangerous. You shouldn't enjoy the power of the masses..when you yourself will eventually be the target.
- mikestew 12y ago
  > I see the Verge writers must also be HN readers. You've been around long enough to know exactly why you're being down voted, and to know that it's not some conspiracy. Here, let me help: "off-topic". If that doesn't work for you, try "thread hijack".
  - paulhauggis 12y ago
    Like I care about what you have to say or how you are trying to "help" me.

dang 12y ago

Url changed from http://www.theverge.com/2014/11/17/7236311/fitbit-data-is-being-used-as-evidence-in-court http://www.theverge.com/2014/11/17/7236311/fitbit-data-is-be..., which points to this.