Fitbit Data Now Being Used In The Courtroom

Some people here are probably listening to the Serial podcast, which investigates the evidence in a 15-year-old murder case in which the convicted killer still proclaims his innocence, and in which no physical evidence tying him to the scene was found.<p>The convicted killer has no alibi and claims he can&#x27;t remember what happened that day (he was arrested several weeks after the murder)...he thinks he might have been in the library at the time of the murder to check his email, but that was either never checked or either logged...there weren&#x27;t as many cameras around his high school back then, and cell phones didn&#x27;t have GPS nor were the towers conclusive in their pings (in terms of locating where a phone call took place).<p>Listening to that podcast is like listening to a time capsule, and I wonder if a muddled-up murder story like that could ever happen again? We carry around too many location-enabled devices out of habit and we log in and communicate across too many online systems to not leave a trace of what we do on any given day. If you <i>were</i> intent on committing murder, and fabricating a foggy alibi...leaving your Fitbit or phone behind, even for a few hours, might be used as circumstantial evidence against you.

Do note that the plaintiff bringing the evidence is a private citizen, rather than the insurance company (ab)using someone&#x27;s Fitbit data.

&gt; <i>a potentially troubling precedent as the court&#x27;s access to such data increases.</i><p>This is just fear-mongering. The court only has access to this data because the owner of the data has brought it to the court as evidence in their case.

This is just the same as your car, your phone, or anything else that can be tracked being used to suppose that you were at those locations personally. It&#x27;s not certain, just probable.

Probably better off submitting the referenced article.<p><a href="http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-data-court-room-personal-injury-claim/" rel="nofollow">http:&#x2F;&#x2F;www.forbes.com&#x2F;sites&#x2F;parmyolson&#x2F;2014&#x2F;11&#x2F;16&#x2F;fitbit-dat...</a>

This is categorically different from such data being used against the user in a criminal case. This is instead the user using data generated by her own device to substantiate her own tort claim.

Those data can be used for good. We have had a user of my app telling us once that they were robbed had sleep voice recording from the app on and it recorded the whole robbery (with the robber threatening and the victim yelling, crying, and being scared. (The victim later shared the recording with us) The recording was used for police investigation and evidence for voice matching.

I predicted this here a while ago. Apps like Moves are even worse bundling activity with location.

Url changed from <a href="http://www.theverge.com/2014/11/17/7236311/fitbit-data-is-being-used-as-evidence-in-court" rel="nofollow">http:&#x2F;&#x2F;www.theverge.com&#x2F;2014&#x2F;11&#x2F;17&#x2F;7236311&#x2F;fitbit-data-is-be...</a>, which points to this.

The verge is garbage. They are the ones that claimed the scientist that landed on the Comet hates and excludes women because of the shirt he was wearing.<p>His shirt was given to him, by a woman, as a good luck charm and he was crying on camera when asked about it.<p>Why can&#x27;t we stop passing these shit writers and shit articles off as anything resembling news?