Joel Reidenberg was quoted in Time magazine about the privacy implications of always-on listening devices.
Joel Reidenberg, a founding director of Fordham University’s Center on Law and Information Policy, says the answer isn’t straightforward. The explosion of these always listening gadgets has outpaced much of the existing legal precedent on privacy. “We are living in an always on, always connected world,” he said. “We are creating records that have never existed before.”
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“The pervasiveness of disclosures to third parties in an always connected world eviscerates the Fourth Amendment,” Reidenberg warns. “Because, of course, we are disclosing information to third parties all of the time.”
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Indeed, there is already plenty of precedent for law-enforcement officials’ culling through precisely the kind of ultrapersonal digital records that, as Reidenberg pointed out, didn’t even exist five years ago. In February, for instance, police in Ohio strengthened a case against a man accused of arson and insurance fraud after the heart-rate data collected from his smart pacemaker appeared to contradict the story he’d told investigators. In April, police in Connecticut were able to indict a man for murdering his wife in part because data from her Fitbit showed that she was home, walking around, long after he claimed an intruder had killed her.