Dark Side of your Tracker

Dark Side of your Tracker


WE BRING YOU NEW INFORMATION THEY GIVE US AS SOON AS WE GET IT. TONIGHT “NEWS 4 JAX” INVESTIGATES. THEY’RE ONE OF THE HOTTEST GADGETS ON THE MARKET TODAY AND MANY HAVE ONE ON YOUR WRIST RIGHT NOW. FITBIT, GARMIN AND JAWBONE ARE RIDING A WAVE OF CONSUMER POPULARITY WITH SALES EXPLODING. BY TRACKING YOUR STEPS AND YOUR SLEEP, ARE YOU GIVING UP YOUR RIGHT TO PRIVACY? NATIONALLY THE TECH BATTLE OVER CONSUMER PRIVACY IS HEATING UP. APPLE RELEASED A MEMO TO EMPLOYEES PROMISING THE COMPANY WILL FIGHT A COURT ORDER TO HELP THE FBI HACK INTO A CELL PHONE OF ONE OF THE SAN BERNARDINO TERRORISTS. GOOGLE, FACEBOOK AND TWITTER HAVE COME TO APPLE’S DEFENSE. NEW “NEWS 4 JAX” INVESTIGATIVE REPORTER DISCOVERS THAT FITNESS TRACKERS ARE BROUGHT INTO THE COURTROOM IN OTHER CASES INCLUDING ONE AGAINST A FLORIDA WOMAN. THIS ISSUE IS REACHING AN UNPRECEDENTED LEVEL. WE HAVE ACCESS TO MORE INFORMATION THAN EVER BEFORE, BUT WE’RE PUTTING OUT MORE INFORMATION ABOUT OURSELVES. FITNESS TRACKERS CAN CAPTURE EVERY DETAIL ABOUT HOW WE SPEND OUR DAY AND HOW OUR BODY IS PERFORMING ALONG THE WAY. I ASKED MY NEWSROOM COLLEAGUES IF ANYONE HAD A FITNESS TRACKER I COULD USE, AND INSTANTLY I HAD FOUR. THE DATA FROM THESE TRACKERS COULD PROVE VERY VALUABLE TO POLICE, ATTORNEYS, INSURANCE COMPANIES, AND MANY MORE. FROM YOUR WAKE TIME TO YOUR BEDTIME AND ALL YOUR STEPS AND HEARTBEATS IN BETWEEN. FITNESS TRACKER FANS ARE LOGGING REALTIME DATA ABOUT THEIR EVERY MOVE, AND WITH SOME DEVICES THEY’RE EVEN LOGGING THEIR GPS COORDINATES, BUT WILL YOU REGRET THAT QUEST FOR STEPS? EVERYTHING YOU DO ELECTRONICALLY LEAVES A SMALL BREAD TRAIL, IF YOU WILL. Reporter: THE COMMANDER SAYS HIS OFFICE HASN’T USED A FITNESS TRACKER IN A CRIMINAL INVESTIGATION YET, BUT HIS FORENSIC TEAM PULLS CLUES FROM CELL PHONES, COMPUTERS AND OTHER ELECTRONICS, SO HE SAYS WEARABLE FITNESS TRACKERS FIT RIGHT IN. OBVIOUSLY, ELECTRONIC DEVICES AND WHAT THEY MEAN FOR CRIMINAL INVESTIGATIONS IS IMPROVING ALL THE TIME, AND IT CERTAINLY IS AN AVENUE THAT ALLOWS US TO FURTHER PROSECUTI PROSECUTION. Reporter: “NEWS 4 JAX” FOUND TWO CASES WHERE FITNESS TRACKERS POPPED UP IN THE COURTROOM, INCLUDING THIS ONE INVOLVING A FLORIDA WOMAN. SHE TRAVELED TO PENNSYLVANIA AND WAS STAYING AT HER BOSS’S HOME WHEN POLICE SAY SHE CALLED TO REPORT THAT SHE WAS RAPED BY AN UNKNOWN INTRUDER. POLICE OBTAINED NINA’S FITBIT SURGE DEVICE, AND IT SHOWS SHE WAS AWAKE AND WALKING AROUND THE ENTIRE NIGHT PRIOR TO THE INCIDENT AND DID NOT GO TO BED AS REPORTED. POLICE BELIEVE THE STEPPED RECORDED ON HER FITBIT PROVE NINA WAS AWAKE STAININGING THE CRIME SCENE. SHE WAS LATER CHARGED WITH MAKING A FALSE REPORT AND TAMPERING WITH EVIDENCE. THE SECOND CASE IS THE OPPOSITE END THE SPECTRUM. A CANADIAN WOMAN WAS INJURED IN AN ACCIDENT MORE THAN FIVE YEARS AGO BEFORE FITNESS TRACKERS WERE ON THE MARKET. HER LAWYER IS TRYING TO HAVE HER FITBIT DATA ENTERED INTO EVIDENCE TO SHOW HER ACTIVITY LEVEL NOW IS LOW FOR A PERSON HER AGE. ALL IN AN EFFORT TO PROVE HER PERSONAL INJURY CASE. LOCAL DEFENSE ATTORNEY JANET JOHNSON SAYS THESE CASES SPELL OUT LIAR, BEWARE. YOU BETTER BE TELLING THE TRUTH, BECAUSE IF YOU HAVE SOMETHING LIKE A FITBIT, IT’S GOING TO BLOW YOUR STORY. JOHNSON EXPECTS FITNESS TRACKERS TO JOIN THE LONG LIST OF LEGAL DEBATES INVOLVING TECHNOLOGY LITIGATED UP TO THE HIGHEST LEVELS, POSSIBLY EVEN THE SUPREME COURT ONE DAY. SHOULD THE AMERICAN PUBLIC BE WORRIED ABOUT THEIR PRIVACY? YES. THE SHORT ANSWER IS YES. WE DON’T HAVE PRIVACY ANYMORE. Reporter: APPLE, GOOGLE, FACEBOOK AND TWITTER ARE ALL BANDING TOGETHER TRYING TO SHOW CONSUMERS THEY WILL FIGHT FOR CUSTOMERS. THIS IS A COURT THAT ORDERED APPLE TO HELP THE FBI AND CREATE WHAT APPLE CALLS A BACK DOOR TO HACK A KNOWN TERRORIST CELL PHONE CONNECTED TO THE SAN BERNARDINO MASS SHOOTING. A CAPABILITY APPLE SAYS THEY DON’T HAVE RIGHT NOW, AND THEY FEAR IF THEY’RE FORCED TO CREATE ONE AND USE IT, IT WOULD SET A DANGEROUS PRECEDENT FOR CUSTOMERS. BIG BROTHER. TIM COOK FROM APPLE HAS TO LOOK LIKE HE’S PROTECTING HIS USERS, SO WHETHER OR NOT APPLE THINKS THEY WILL WIN THAT BATTLE, THE CORPORATIONS HAVE AN INTEREST IN TELLS THEIR SUBSCRIBERS AND USERS WE’RE GOING TO FIGHT TO KEEP YOUR INFORMATION PRIVATE. A LOCAL AND POLICY FIGHT JUST BEGINNING, AND WHERE CONSUMERS END UP IN THE BATTLE IS LARGELY UNKNOWN. IF YOU ARE WORRIED ABOUT YOUR PRIVACY AND YOU CAN DO WITHOUT KNOWING HOW MANY STEPS YOU’VE WALKED, YOU MAY WANT TO FOREGO THE FITBIT. Reporter: WHAT’S MORE THE LEAKING OF DATA FROM THE WEARABLE TRACKER IS LIKELY ALREADY HAPPENING. A RESEARCH NONPROFIT TESTED NINE DIFFERENT FITNESS TRACKERS AND FOUND ONLY ONE PASSED THE TEST FOR PRIVACY AND SECURITY. AND THAT’S THE MOST EXPENSIVE OPTION, THE APPLE WATCH. ALL OF THE OTHERS HAD VULNERABILITIES ALLOWING THIRD PARTIES IN A SHOPPING MALL TO TRACK A PERSON’S FITNESS TRACKER AND MINE THAT DATA AND SELL IT TO OTHER COMPANIES. WE PUT A LINK TO THAT STUDY INSIDE OUR STORY ON NEWS4JAX.COM/INVESTIGATIVE. IT ISN’T A SLAM DUNK, THOUGH, IS IT? INVESTIGATORS HAVE TO MAKE THEIR CASE TO GET THE TRACKER, AND THEN THEY HAVE TO PROVE THE PERSON WAS WEARING IT. GREAT POINT. THE FOURTH AMENDMENT PROTECTS US ALL FROM UNREASONABLE SEARCH AND SEIZURE. LAW ENFORCEMENT HAS TO GET A SEARCH WARRANT TO OBTAIN A FITNESS TRACKER IF YOU DON’T WANT TO HAND IT OVER WILLINGLY. THEY HAVE TO PROVE THAT TRACKER ON THE PERSON AT THE TIME IN QUESTION. ATTORNEY JANET JOHNSON ALSO ARGUED SOME PEOPLE MAY SEE THIS AS A BENEFIT WEARING FATNESS TRACKER TO PROVE THEIR INNOCENCE

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