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While that would seem to limit the use of the Echo data in the investigation, the device is also<br />

occasionally accidentally activated, through similar sounds. Those snippets of audio could potentially<br />

be useful to police investigating a crime, as could the timing information of when they were recorded.<br />

According to the report, the court records show police took the Echo and extracted some data from it.<br />

US prosecutors and defense attorneys have both found new uses for “smart” device data in the<br />

courtroom in recent years, especially information collected by wristwatch-style Fitbit activity<br />

trackers. In 2014, a Canadian woman sued her former employer over a debilitating injury she claimed<br />

to have sustained during her work as a personal trainer; she submitted data from her Fitbit to prove<br />

that “her activity levels are still lower than the baseline for someone of her age and profession,”<br />

according to reports.<br />

Conversely, when a Florida woman claimed an intruder had assaulted her, police used information<br />

from a Fitbit she had been wearing during the alleged assault that suggested she had in fact been<br />

asleep at time. She was subsequently charged with filing a false report.<br />

Amazon’s reluctance to part with user information fits a familiar pattern. Tech companies often see<br />

law enforcement requests for data as invasive and damaging to an industry that considers privacy a<br />

prime selling point. Last year, Apple went to court with the FBI over the bureau’s demand that that<br />

company break its own encryption on an iPhone belonging to one of the shooters in the San<br />

Bernardino spree killing.<br />

But firms often retain a “back door” for their own use – to automatically scan emails for key terms<br />

used to target advertising, for example – and that can complicate claims that law enforcement access<br />

would uniquely invade a user’s privacy. Amazon’s internal approach to user data will likely prove<br />

integral to its ability to resist the warrant.<br />

In the Echo case, police also extracted data from a different smart home device, a water meter. Bates’<br />

smart water meter recorded a flow of 140 gallons between 1am and 3am, the report said. Prosecutors<br />

claim this is an unfeasibly large amount of water use, and allege it was the result of the garden hose<br />

being used to spray the patio clean of blood. Bates’s defence team disputes the accuracy of the<br />

readings.<br />

Bates pleaded not guilty in April <strong>2016</strong> and is on bail awaiting trial early next year.<br />

This article was downloaded by calibre from https://www.theguardian.com/technology/<strong>2016</strong>/dec/28/amazon-refuses-tolet-police-access-suspects-echo-recordings<br />

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