NWA editorial: Alexa, are you listening?

Murder case raises issues of technology’s ears

Remember Sarah, the telephone operator serving the people of Mayberry back when Andy Taylor was sheriff, Barney was his deputy and Floyd Lawson held court over at the barber shop.

It seemed Sarah, who was never seen on the old Andy Griffith Show, was always standing by. No matter when a resident of Mayberry picked up the phone, Sarah was there to place the call in the days before homes had private lines. Sometimes, Sarah listened in a little longer than she should have. As a result, she often knew a lot more about the goings-on in Mayberry than people might have expected.

What’s the point?

The advancement of technology “listening” in our homes is a concern when it comes to privacy, but if we invite it in, it’s fair game for law enforcement investigators when a crime occurs.

All these year's later, technology has advanced exponentially. We've gone from hard-line, rotary dial phones connected to the wall to phones -- computers, really -- that fit in our pockets. And there's no more Sarah.

Sarah is now Alexa.

Alexa isn't a person, although she's referred to as an administrative assistant. A creation of Amazon.com, Alexa is a voice-controlled system functioning through small microphone-laden devices people buy from the online retailer. She can answer questions such as "what's the weather?" And if connected to the right devices, she can dim the lights or conjure up a selection of music based on a spoken request.

And Alexa is always listening. Like Sarah from Mayberry.

It's that last quality that lately interests the investigators of the Bentonville Police Department, intrigues observers of technology and privacy questions, and captures the imagination of the national media.

"Alexa, can you help with this murder case?" read the headline from CNN.

Murder?

In November 2015, police found Victor Collins' body floating in a hot tub at a home in Bentonville. The resident at the home, James A. Bates, said Collins was among some work colleagues who had gathered the night before to watch the Arkansas Razorbacks battle Mississippi State. Some alcoholic beverages were also consumed.

The state medical examiner declared Collins' death a homicide.

Investigators found several "smart" devices inside Bates' home. They included an Echo, a speaker powered by the Alexa-enhance capabilities from Amazon.com.

Could Alexa have been listening when the murder happened?

That's what police want to know. They've sought whatever recordings Amazon might have by virtue of the device's always-listening functionality.

Now, the debate isn't just about Collins' death, in which Bates faces a murder charge. It's about technology and the extent to which its users should be able to expect privacy.

Bates' attorney embraces a homeowner's expectation of privacy. The prosecutor stresses the constitutionality of pursuing evidence by presenting facts to a judge, who can issue a lawful search warrant.

As one would expect, Amazon says it won't release customer information "without a valid and binding legal demand properly served." Otherwise, why would customers trust the company enough to buy these interactive devices?

It all makes for an entertaining debate -- except for the fact a man is dead and a family awaits justice.

Privacy is a critically important matter when it comes to government intrusion. But what about when we consumers invite the microphones into our homes? If a homeowner installs security cameras in a house where a crime occurs, isn't it common sense the recordings from those cameras would be pursued by law enforcement officers gathering evidence?

Of course, police shouldn't be permitted to just tap into the technology and use it to incriminate. It's still up to law enforcement and prosecutors to make a case before an independent judge showing probable cause that information of substance is on the devices.

Technology is a big lure. We're attracted to it because of the conveniences it presents for our lives. How long is it until we can say "Alexa, pour me a martini, shaken, not stirred" and get results? It's not just the stuff of Ian Fleming's imagination anymore.

Ultimately, though, if we don't like leaving a trail of digital bread crumbs that would guide snoopers to potentially private information, we consumers are going to have to say "no" to some of the benefits of technology.

We're doubtful that's going to happen. And since it's not, these "smart" devices are fair game for investigators who go through the proper legal hurdles to obtain the information the devices collect. Alexa may be listening all the time, but according to Amazon, she's not collecting information all the time, so the prosecutor's request probably won't turn up much evidence. But if we were a member of Collins' family, we sure wouldn't be upset that they tried.

One aside. We can assure you of this: The newspaper in your hand isn't listening to your conversation over breakfast this morning.

Commentary on 01/07/2017

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