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posted by martyb on Saturday December 02 2017, @04:24AM   Printer-friendly
from the dismissed-dismissed-dismissed-echo-echo-echo dept.

The case against James Bates, an Arkansas man and Amazon Echo owner charged with first-degree murder, has been dropped by prosecutors:

Arkansas prosecutors have dropped their case against James Bates, whom they had charged with first-degree murder partly with the help of evidence collected by an Amazon Echo smart speaker. On Wednesday, a circuit court judge granted their request to have the charges of murder and tampering with evidence dismissed.

The prosecutors declared nolle prosequi, stating that the evidence could support more than one reasonable explanation.

The move marks a curious end to a still more curious case, which had revolved around the role played by a personal assistant device that's supposed to begin recording as soon as someone says its wake word — "Alexa," in this case — in its presence.

Previously: Police Seek Amazon Echo Data in Murder Case
Amazon Continues to Resist Requests for "Alexa" Audio Evidence in Arkansas Murder Case
Can Amazon Echo Help Solve a Murder? Police Will Soon Find Out.

Related: Law Enforcement Has Been Using OnStar, SiriusXM, to Eavesdrop, Track Car Locations


Original Submission

Related Stories

Police Seek Amazon Echo Data in Murder Case 21 comments

Several SoylentNews readers have submitted this story:

Amazon Echo is a voice-activated and cloud-connected speaker device that actively listens to a room using several microphones and communicates with Amazon servers to perform various queries and tasks.

Warrant Filed for Amazon Echo Records in Arkansas Murder Case

Arkansas police filed what is believed to be the first request to retrieve information from an Amazon Echo device in a homicide investigation.

[...] Authorities charged Bates, 31, with murder earlier this year, but police in the Ozark city are now looking to find evidence on his Echo, according to The Information [paywalled].

[...] Amazon twice refused to hand over information requested by police, according to The Information, but gave them Bates' account information and purchase history.

The company said in a statement on Tuesday that it "will not release customer information without a valid and binding legal demand properly served on us."

[Continues...]

Law Enforcement Has Been Using OnStar, SiriusXM, to Eavesdrop, Track Car Locations 51 comments

A recent techdirt article says that

Law Enforcement Has Been Using OnStar, SiriusXM, To Eavesdrop, Track Car Locations For More Than 15 Year

Thomas Fox-Brewster of Forbes is taking a closer look at a decade-plus of in-car surveillance, courtesy of electronics and services manufacturers are installing in as many cars as possible.

Following the news that cops are trying to sweat down an Amazon Echo in hopes of hearing murder-related conversations, it's time to revisit the eavesdropping that's gone on for years prior to today's wealth of in-home recording devices.

One of the more recent examples can be found in a 2014 warrant that allowed New York police to trace a vehicle by demanding the satellite radio and telematics provider SiriusXM provide location information.

In this case, SiriusXM complied by turning on its "stolen vehicle recovery" mode, which allowed law enforcement to track the vehicle for ten days. SiriusXM told Forbes it only does this in response to search warrants and court orders. That may be the case for real-time tracking, but any location information captured and stored by SiriusXM can be had with nothing more than a subpoena, as this info is normally considered a third-party record.

It's not just satellite radio companies allowing cops to engage in surreptitious tracking. OnStar and other in-vehicle services have been used by law enforcement to eavesdrop on personal conversations between drivers and passengers.

In at least two cases, individuals unwittingly had their conversations listened in on by law enforcement. In 2001, OnStar competitor ATX Technologies (which later became part of Agero) was ordered to provide "roving interceptions" of a Mercedes Benz S430V. It initially complied with the order in November of that year to spy on audible communications for 30 days, but when the FBI asked for an extension in December, ATX declined, claiming it was overly burdensome.

The 2001 case didn't end well for law enforcement. It wasn't that the court had an issue with the eavesdropping, but rather that the act of listening in limited the functionality of the in-car tech, which the court found to be overly-burdensome.

[...] Law enforcement may find encryption to be slowing things down in terms of accessing cell phone contents, but everything else -- from in-car electronics to the Internet of Things -- is playing right into their hands.

-- submitted from IRC


Original Submission

Amazon Continues to Resist Requests for "Alexa" Audio Evidence in Arkansas Murder Case 5 comments

Amazon is balking at a search warrant seeking cloud-stored data from its Alexa Voice Service. Arkansas authorities want to examine the recorded voice and transcription data as part of a murder investigation. Among other things, the Seattle company claims that the recorded data from an Amazon Echo near a murder scene is protected by the First Amendment, as are the responses from the voice assistant itself.

Amazon said that the Bentonville Police Department is essentially going on a fishing expedition with a warrant that could chill speech and even the market for Echo devices and competing products. In a motion to quash the subpoena, the company said that because of the constitutional concerns at issue, the authorities need to demonstrate a "compelling need" for the information and must exhaust other avenues to acquire that data.

[...] According to the warrant, Bentonville authorities are seeking "audio recordings, transcribed records, or other text records related to communications and transactions" between the Echo device and Amazon's servers during the 48-hour period covering November 21-22, 2015. Amazon said the authorities should, at a minimum, establish "a heightened showing of relevance and need for any recordings" before a judge allows the search.

[...] The warrant at issue concerns the 2015 death of former Georgia police officer Victor Collins. He was found dead in a hot tub at the Bentonville home of Bates, who claimed the death was an accidental drowning. Arkansas police believe Bates died after a struggle. They suspect that the Amazon Echo they found streaming music near the hot tub may help solve the case.

Source: ArsTechnica. Also at BBC and TechCrunch.

Previously: Police Seek Amazon Echo Data in Murder Case


Original Submission

Can Amazon Echo Help Solve a Murder? Police Will Soon Find Out. 13 comments

A 2015 Arkansas murder case that had raised privacy questions surrounding "always-on" electronic home devices took a step forward last week after Amazon agreed to release recordings from the murder defendant's Amazon Echo as possible evidence.

The Seattle-based e-commerce company had refused to comply with police warrants requesting the data in December and sought to quash a search warrant in February, court records showed. Although the company would not comment on this specific case, an Amazon spokeswoman told The Washington Post in December that it objected to "overbroad or otherwise inappropriate demands as a matter of course."

That changed after the defendant, James Andrew Bates, agreed Friday to allow Amazon to release data from his Echo device to prosecutors. The company turned over the recordings later that day, according to court records.

"Because Mr. Bates is innocent of all charges in this matter, he has agreed to the release of any recordings on his Amazon Echo device to the prosecution," attorneys Kathleen Zellner and Douglas Johnson said in a statement to The Washington Post.

-- submitted from IRC

Previously: Police Seek Amazon Echo Data in Murder Case and Amazon Continues to Resist Requests for "Alexa" Audio Evidence in Arkansas Murder Case


Original Submission

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  • (Score: 2) by Gaaark on Saturday December 02 2017, @05:38AM

    by Gaaark (41) on Saturday December 02 2017, @05:38AM (#604144) Journal

    This this this is the greatest day day day in MasterBates life life life

    --
    --- Please remind me if I haven't been civil to you: I'm channeling MDC. ---Gaaark 2.0 ---
  • (Score: 5, Insightful) by sjames on Saturday December 02 2017, @08:37AM (3 children)

    by sjames (2882) on Saturday December 02 2017, @08:37AM (#604162) Journal

    Let's not forget that the guy still spent 2 years in hell that he'll never get back. That includes loss of his job and lost custody of his son. It's good that the prosecutor did recognize that basically they had nothing, but in that context, I'm skeptical that 2 years constitutes a speedy trial. All that and he still has a year to go before the clock runs out on re-filing the charges and starting the whole thing over again.

    The deceased had a BAC of 0.32 when he was found. That's about 2 drinks short of surgical anesthesia.

    • (Score: 0) by Anonymous Coward on Saturday December 02 2017, @12:56PM

      by Anonymous Coward on Saturday December 02 2017, @12:56PM (#604241)

      So government is not doing the job it has been tasked to do?

      Perhaps we should hesitate before demanding that government get even more entangled with even more parts of our lives?

    • (Score: 3, Insightful) by bradley13 on Saturday December 02 2017, @07:27PM (1 child)

      by bradley13 (3053) on Saturday December 02 2017, @07:27PM (#604363) Homepage Journal

      "Let's not forget that the guy still spent 2 years in hell..."

      This. We must presume that he is innocent. An innocent person should not suffer these kinds of consequences, just because the government feels like dragging its feet. Who wants to bet that they were pressuring him the entire time to plead guilty to lesser charges, and kept him in jail as long as possible in hopes of finally getting a guilty plea.

      Justice is supposed to be swift. If the government can't prove its case in X weeks, then charges are automatically dropped. Two years is nuts - maybe 3 months maximum. More: plea bargaining needs to be eliminated - like "lying to federal officers", it is abused too often. If the courts can't deal with all the cases properly, then maybe there are too many laws on the books.

      --
      Everyone is somebody else's weirdo.
      • (Score: 3, Insightful) by sjames on Sunday December 03 2017, @04:28AM

        by sjames (2882) on Sunday December 03 2017, @04:28AM (#604570) Journal

        Very true. I sincerely doubt the body of evidence or their understanding of events has changed in the last year at least. I can't see much reason for a reasonable person to expect that to change in the last year. If they didn't have enough to be comfortable going to trial, they shouldn't have arrested him. Jail isn't supposed to be just in case. Nobody who would treat it that way should have the power to do so.

        The sad part is that as the defense lawyer pointed out, this DA is more moderate than most.

  • (Score: 5, Insightful) by Anonymous Coward on Saturday December 02 2017, @12:58PM (2 children)

    by Anonymous Coward on Saturday December 02 2017, @12:58PM (#604243)

    "This man's life was saved by his Amazon Echo(tm)! Buy one for your home today and rest easy!"

    I remember when people used to tape over their webcams. The idea of a hot mic in your house that a stranger is always listening to is something that my generation would consider a criminal offense.

    • (Score: 4, Insightful) by takyon on Saturday December 02 2017, @02:01PM

      by takyon (881) <takyonNO@SPAMsoylentnews.org> on Saturday December 02 2017, @02:01PM (#604265) Journal

      I'm not getting that vibe at all. Their case was apparently non-existent before they started demanding data from Amazon, which became a bit of a protracted process. Whatever data they got from the Alexa and smart water meter wasn't enough to build a good case against him. "OMG, he used a lot of water in the middle of the night! It's murder!!!"

      If you had a home surveillance system or something, and it managed to provide you with an alibi against a murder charge, you would probably be relieved. That doesn't mean that people need to rig up their homes with 24/7 recording devices and microphones.

      Rather than provide an airtight alibi for this man, it seems that the Alexa and water meter data "could support more than one reasonable explanation", or was otherwise entirely inconclusive. Remove Alexa from the equation and they still would have had to drop the case.

      --
      [SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
    • (Score: 2) by isostatic on Saturday December 02 2017, @09:52PM

      by isostatic (365) on Saturday December 02 2017, @09:52PM (#604413) Journal

      I remember when people used to tape over their webcams.

      *Eyes move up to laptop camera*

      Yup, tape still in place.

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