You, a criminal defense attorney: The terms of service are written in a way that obfuscates or misrepresents how the data will be used. "May be shared with third parties" is no longer meaningfully descriptive of the array of things data will be used for and in fact is common language specifically used to avoid being descriptive. The initial consent to sale is void therefore the data is not permissible.
Continued use of the product though is explicit agreement to those terms though. You can’t retroactively state you didn’t consent and that somehow makes the data inadmissible. Also Alexa’s TOS don’t just simply state “may be used by third parties”. It states that and outlines numerous ways that data is shared with third parties. Not to mention you’re conflating contract law with rules of evidence.
There is a big difference between a “misrepresentation” and “meaningfully descriptive”. Neither of which have to do with its possibility of being used as evidence
Tell me your name, phone number, and address. 50 years ago you'd have done that no issue. Now you won't. Concepts of what privacy is important change over time, and a lot of people don't really seem to care at all about if some corporation knows some household details about them for the purposes of targeted advertising.
206
u/vksoze2 8h ago
Me, a criminal defense atty: “I really don’t like surveillance and think citizens should have a reasonable right to privacy.”
Average consumer: “Yes, I’d love to pay you a monthly subscription to surveil all of my activity with in my own!”