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
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u/Physical-Archer2557 8h ago
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.