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“Hey Siri – Are You Recording?” The answer is YES!

Have you ever wondered if Siri or Google data can be used against you in a legal case? Wyoming criminal attorney discusses the use of metadata by the police.

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00:00:00:15 – 00:00:12:06
Speaker 1
Hi, everyone. Did you know law enforcement can get access to all your metadata by hitting print their printer? Hi, I’m Christina Williams with Just Criminal Law.

00:00:12:17 – 00:00:32:03
Speaker 2
And I’m David Mann, legal storytelling specialist. Okay, so that’s pretty interesting question. They can they can get all your metadata, meaning all of the information that is gathered about you from anything you do basically in your life at all just by hitting print. So explain what you mean by that.

00:00:32:20 – 00:01:00:29
Speaker 1
Well, they’re allowed to subpoena your records by the third party that holds them. So whether it’s your Apple devices, your smart home, your smart appliances, your smart car, everything that we use these days that makes our lives so much easier. It also tracks everything about us, what we say, what we look up, how you know, where we’ve been.

00:01:00:29 – 00:01:09:09
Speaker 1
And law enforcement a lot of times can get that just by subpoenaing those records from these third party companies.

00:01:10:13 – 00:01:33:22
Speaker 2
So I’ve heard things. I think we’ve all kind of heard things about when you use Siri or when you use Alexa or something where you’re speaking well, when you’re speaking directly to that device, you know that they’re listening. But I’ve heard that they those devices can quote unquote, listen and record what’s being said all the time. And all of this would be included in your metadata, right?

00:01:34:05 – 00:02:02:13
Speaker 1
Correct. Yes, absolutely. I mean, when you say, hey, Siri, what’s the weather today? And she just happens to be listening at that moment. That’s not the only time that what’s being said or that you’re saying or what’s being said around you is being recorded. So the limited time that you may be using the smart device is not the limited amount of time that it’s actually recording what’s happening around you.

00:02:03:15 – 00:02:24:04
Speaker 2
So there’s like a huge database record on all of us of just about everything we do now. And you’re saying someone can get a subpoena just by clicking a link and printing it out and then they now have access to getting all that data on you. Why would anyone ever agree to this?

00:02:25:06 – 00:02:58:26
Speaker 1
Well, you know, it’s just the terms and agreement that you sign or that you click on any time you have an update or, you know, just by using the device running through the set up, of it nobody reads those fine print agreements that you’re getting into, but you can’t use the technology without agreeing to this. And so we all just are essentially letting our whole lives around us being be recorded.

00:02:59:10 – 00:03:07:14
Speaker 1
And right now, the law really hasn’t caught up with the technology, and that’s being allowed.

00:03:07:15 – 00:03:31:28
Speaker 2
Yeah, because we’ve all seen those. I agree to the terms and you know, it’s you’re never going to read all that. And somewhere in there it says I consent to giving this over if someone has a subpoena. Well, so why the law has this definitely sounds like it hasn’t caught up. It sounds like the law was written for a different age when this wasn’t the type of technology that we had.

00:03:31:28 – 00:03:32:18
Speaker 2
Is that what you mean?

00:03:33:02 – 00:03:57:02
Speaker 1
Correct. It takes years for a particular case to get decided, years sometimes, or even if it’s done quickly. And, you know, it’s decided in a couple of years. We all know how technology changes, how rapidly it changes. And so just as you know, some the law is catching up to something that happened a few years ago.

00:03:57:02 – 00:04:35:04
Speaker 1
The technology is vastly different. And so the courts are trying to look ahead and predict, you know, how can we decide this case? You know, so it’s relevant to today’s technology, but that’s really, really almost impossible for the courts to do. And so we need to, you know, put put forth a concerted effort on the part of lawmakers and judges and lawyers to try to to get the law in tune with the technology.

00:04:35:23 – 00:04:54:26
Speaker 2
Yeah, it sounds like this is just straight up a violation of Fourth Amendment protection against search and seizure. It’s just that that amendment of course, was written a long, long time ago. And there wouldn’t they couldn’t have conceived of anything like this. And the law kind of goes around that. It sounds like.

00:04:55:11 – 00:05:28:28
Speaker 1
Right. So, I mean, we do have the Fourth Amendment right to privacy. But what the law says right now related to this technology is because it’s held by this third party and it’s no longer a secret to us, then we don’t enjoy that right to privacy. And as a practical sense, that just doesn’t make sense. And it doesn’t make sense that law enforcement gets this treasure trove of information that we’ve created in the cloud for that for them to just look through on a whim.

00:05:28:28 – 00:05:51:04
Speaker 1
Really, they don’t even have to necessarily get a warrant. And a lot of times people will even consent to law enforcement going through their phone, you know, say they’re in a simple car accident and they want to prove they weren’t at fault and they hand over their phone. Well law enforcement plugs that in and extracts all the information from it.

00:05:51:10 – 00:06:15:27
Speaker 1
They’ve essentially given law enforcement every possible bit of information that was collected on that phone. You know, since since you used it. So, yeah, it’s it’s very easy for law enforcement to get in. It’s really, you know, not fair that they have it.

00:06:17:12 – 00:06:38:13
Speaker 2
Yeah, it really sounds like we all need to be calling our representatives or something to be working on this. In the meantime, if someone may be in a situation where they need a lawyer to kind of figure all this stuff out for them at whatever level they’re at with some kind of consent of their information, they should probably call you, right?

00:06:38:21 – 00:06:53:08
Speaker 1
Absolutely. We will include a link in the description. They can call, text or chat with a member of my team. Any time, day or night here at Just Criminal Law, we know you only get one shot at justice, so make yours count.

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