Data Generated by New Technologies and the Law: A Guide for Massachusetts Practitioners
13 Pages Posted: 9 Aug 2018 Last revised: 18 Sep 2020
Date Written: July 29, 2019
This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart speakers"), and in-home "Internet of Things" devices. The 2019 edition updates and expands on the prior edition, with an expanded discussion of facial analysis technology.
Keywords: Stored Communications Act, Technology, Consumer Devices, Data Storage
JEL Classification: K00, K13, K41, K42, Y20
Suggested Citation: Suggested Citation