[Church:] A popular piece of technology is at the center of a murder investigation in the United States. A prosecutor in Arkansas wants access to recordings from an Amazon Echo device that was in a House where a man was killed.
[Vanier:] But Amazon is pushing back, refusing to turn over some of the data connected to the murder suspect's account. And the case is renewing the debate about technology and privacy.
[Danny Cevallos, Cnn Legal Analyst:] People are concerned because it's something that actively listens 24 hours a day. But there are a lot of things technology and data has been convicting people for a long time. The information in your computer can be subject to a search warrant and all kinds of crime exist on computers or your phone or anything else. The thing that makes this a new sort of era is that no one turns on the Echo, it is always listening. And when you activate it, it sends that information to be translated out in the Cloud, the data, it returns back to your home and then it acts on those commands. And that's what has people concerned.
[Church:] Now the defendant's attorney is applauding Amazon. She says there is nothing useful on that device. So, Attorney Areva Martin joins us from Los Angeles with her take on the case. I want to start with, for a lot of us with this in our homes, it's disconcerting to know and learn it is listening all of the time. It is like a recording ongoing in our homes. That's disconcerting. But how is this any different to when there's an investigation and they want data from a phone to help find out what happened in this case?
[Areva Martin, Attorney:] The district attorney says it is no different than having a legal search warrant for your phone or computer records. And Amazon's position is not supported by the law or the legal precedent. And now the district attorney has to make a decision. The warrant has been issued. Amazon has been willing to release account information, but not the recordings on the Echo. So, the district attorney in this case will have to decide if it's going the go into court and challenge Amazon and ask a court to intervene and force Amazon to release the data.
[Church:] And how likely is it that that would happen? Because obviously, from a pure business point of view, Amazon has to take a stand and say, no, we won't be handing this over but if this does proceed, legally, they would be forced to, right?
[Martin:] We saw this happen in the San Bernardino case in the terrorist case of 2015 when the iPhone was involved and law enforcement wanted to force Apple to unlock the iPhone, and they resisted. A third party got involved and unlocked the data in that case. These cases provide a challenge for big tech companies like Amazon and Apple. They want to protect their clients and want their clients to feel a sense of privacy with the data on the Cloud, and that comes up against law enforcement who says we may need the information to solve a crime like in this case in Arkansas. And the courts will have to decide, is it an individual's right to privacy versus the government's right to have access to what could be vital information for a crime such as murder.
[Church:] Given your background, of course, where do you think this is going? How do you think this will end up?
[Martin:] Ultimately, I think the courts will intervene in a case like this, and Amazon and tech companies will be forced to turn over this information. This information is really no different than that information that is stored on a computer, telephone records, other information, which the government, upon the showing of probable cause, has the right to access. Whether it's your home, car, computer or, in this case, your electronic personal assistant, I think, ultimately, the government is going to have access to that information.
[Church:] Of course, what we're seeing play out here is that technology is moving way past what we have there in the law. So, something has to be done. Are there moves afoot to do something to create laws and restrictions and regulations so that it is easier for courts to sort through this?
[Martin:] Rosemary, what you said is 100 percent accurate. The technology is moving so quickly the law is having a hard time keeping pace with it. But ultimately, I think these decisions will be pretty easy. Information like this that's stored on electronic personal assistants will be subject to the same subpoena disclosure requirements as computer information, telephone information and similar information. For us, as consumers, we have to decide, when we bring a device like this in our home, we should be aware that information is being stored on the Cloud. And it's not just a subpoena from law enforcement, but also potential hacking that can happen with this information. So, our convenience has to be weighed against our desire to keep information private. And I happen to be one of those lucky people who received one of these devices for a Christmas gift. And millions of people across the country and world will have to decide what do we want to say to our personal assistant and in saying it what are we subjecting ourselves to in doing so?
[Church:] A very good point. I have one as well, and this has been an education to me and, I'm sure, many other people across the world who have access to these. We have to work out what we're doing.
[Martin:] Right. All right, a pleasure to talk to you, Areva Martin. Thank you so much joining us from Los Angeles Thank you.
[Church:] where it is nearly 11:00 at night. Appreciate it.
[Vanier:] We're going the take a short break on CNN NEWSROOM. But first, we want to update you on the breaking news, the death of Actress Debbie Reynolds. The 84-year-old was rushed to a Los Angeles hospital on Wednesday when it turned out she was having trouble breathing.
[Church:] A day earlier, Reynolds lost her daughter, Carrie Fisher. The "Star Wars" actress died after suffering a cardiac event. Reynolds' son told us, "She spoke to me this morning and said she missed Carrie. She's with Carrie now." You are watching CNN NEWSROOM live from Atlanta. I'm Rosemary Church.
[Vanier:] And I'm Cyril Vanier. We'll be back with more news right after this.