Where do you draw the line when the 4th Amendment creates a right to privacy and the 5th Amendment is meant to stop someone from incriminating themselves but meanwhile necessary technology inside a person's body is constantly collecting data? In this article, a defendant was indicted after the police used pacemaker data to support a claim of arson. Other cases already use technology like fitness trackers as evidence but what about when the technology isn't something you can just take off or power down?
This article was submitted by Alexander C. Van Gorp. If you would like to submit content or write an article for the E-Discovery, Information Governance & Cybersecurity Section page, please email Kara Sikorski at firstname.lastname@example.org.