Apple enthusiasts are partying like it’s $1,999 (see what I did there?), but it’s the other Apple announcement from yesterday that may have data privacy implications.
Apple unveiled the iPhone Duo yesterday, which is a foldable phone that costs $1,999 (now you see what I did there). That’s great for Apple enthusiasts who can afford the latest and greatest Apple products. Me, I’m still paying for the last iPhone I bought (and for my wife’s and kids’ phones too). 😟
But it’s the other Apple announcement from yesterday that may have data privacy implications. Judge Scott Schlegel noted on his blog that the new Apple Watch Series 12 was also released yesterday. He mentioned two features – Live Rewind and Siri Recap – that sound very interesting – and a privacy concern as well.
Judge Schlegel was somewhat brief about the two features, so to get more information about the features, I looked online and found this article from Cherilynn Low on Engadget, who gives us the “low down” (sorry, I couldn’t resist) as follows:
“Live Rewind can basically deliver a transcript of the last 15 seconds of what someone near you might have said at any given time. You just double click the dial on your Apple Watch Series 12, and a screen pops up, while the microphone indicator appears at the top right corner to show it’s pulling audio data.”
“Siri Recap creates “high-level” summaries of events, rather than a full transcript. It’s something you’d more actively set up to listen to your surroundings on either a schedule or manually each time you’re in a meeting, for instance.”
Low says she received a demo of Live Rewind, but not Siri Recap, but she “saw the Recaps in a companion iPhone’s Siri App, under the new Recaps tab”.
She also notes this: “Apple does specifically say that Recap does transfer audio from your Watch’s exclave to the iPhone’s exclave in its 11-page privacy overview, though it notes that the encrypted file will be ‘inaccessible to the operating systems, apps, the user or Apple.’” That overview reviews specifics about both Siri Recap and Live Rewind in terms of how they work and how each of them “respects those around you”.
When features come with an 11-page privacy overview, that says something.
Judge Schlegel notes: “For years, judges have watched to see whether someone in the audience was trying to record a witness while that witness was on the stand. Now they may have to look a little more closely at what the witness is wearing.”
I’m not sure judges need to worry about “high-level” summaries or 15-second snippets as attempts to record the witness. Of course, it wouldn’t surprise me if one or both features are expanded in their capabilities in the future. Then they may need to worry.
But the next time you’re around someone who mutters something under their breath, instead of saying “I heard something”, you might just be able to figure out what they said. 😉
So, what do you think about the other Apple announcement from yesterday? Please share any comments you might have or if you’d like to know more about a particular topic.
Image created using ChatGPT, using the term “robot lawyer listening to its smart watch in court”.
Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
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