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28 Widener Commw. L. Rev. 135 (2019)
The Use of AI Assistants in the Courtroom and Overcoming Privacy Concerns

handle is hein.journals/wjpl28 and id is 142 raw text is: 






  THE USE OF Al ASSISTANTS IN THE COURTROOM AND
           OVERCOMING PRIVACY CONCERNS


                       Allen Fiechuk


                       I. INTRODUCTION


       A woman is discovered dead in her home by a neighbor who
came by for coffee. The neighbor calls the police and detectives
commence their investigation; it is determined the home is a crime
scene and detectives are turning this into a murder investigation.
Throughout the investigation, detectives look for the usual evidence,
including murder weapons, but the search also includes any smart
technology which encompasses Al assistants that may be located
throughout the home. The home is equipped with Al, located in the
living room; Alexa-Amazon's Al assistant-is on the coffee table,
and police wonder what Alexa may have overheard and whether
that information was saved on Amazon's servers. Alexa did in fact
hear, and save, some of the requests made the night before. There
was a man in the house, as his voice could be heard in the
background; further, the woman can be heard shouting a name,
presumably the male heard on the recording.
    Thanks to shouting the wake word Alexa, the Echo saved
audio of the murder-or the events that led up to the murder. The
prosecutor trying the case sought to use this evidence at trial against
the man. To determine whether the data collected by Alexa could
be used as evidence, the rules of evidence in that jurisdiction would
need to be examined. This may seem like something out of a science
fiction movie, but this scenario is becoming a reality, especially with
the increased use of smart technology such as Amazon Echo and
Google Home.

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