Regulating the Internet of Things (“IoT”) is a highly debated topic because it is hard for lawmakers to keep up with evolving technology. Simply put, IoT refers to a system of connected devices that can retain, analyze, and transfer information through a network. Examples of “things” include fitness trackers, smart phones, smart appliances, heart monitors, and automobile sensors. This concept is much more complex from a technical standpoint because the operational aspects of these devices are constantly changing and increasing the amount of data that is generated.
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On June 22, the U.S. Supreme Court ruled that police usually need a search warrant before trying to track a person’s movements using cellphone data, even though the data is in the hands of a third party. In a 5-4 decision in Carpenter v. United States, the court upheld an apparent widening of privacy rights in the digital age.
read more As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”) 902. This rule makes certain categories of evidence “self-authenticating,” which means that evidence can be admitted at trial without a live witness testifying that it is genuine.
read more The importance of mobile device data in legal discovery, investigations, and other proceedings is ubiquitous and virtually indisputable. Mobile devices such as cellphones, smartphones, e-readers, and tablets pose a significant and unique challenge to the legal industry when it comes to the collection, searching, processing and production of electronically stored information for discovery. Read on for what you need to know when approaching mobile data collection for legal discovery.
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