Nicolai F, Maras MH, Trautmann J, Schneider J (2024)
Publication Type: Journal article
Publication year: 2024
DOI: 10.1080/13600834.2024.2352691
The introduction of IoT data in court without the consideration of
its impact on the privilege against self-incrimination leads to the
restriction of this fundamental right of the accused, who
sometimes has no real choice to decide for or against the use of
their IoT data due to various economic, social and health reasons.
This article presents the point of friction between digital evidence
and the privilege against self-incrimination and its evolution over
the years in Germany and the United States, highlighting the
increasing introduction of IoT evidence in court. It then identifies
the various reasons why IoT are adopted by users. Finally, this
article emphasizes that technical solutions cannot fully contribute
to the resolution of the conflict between the privilege against
self-incrimination and the use of IoT data as evidence in court. A
real solution to the problem can only be achieved by the
legislature and corresponding adjustments to existing rules of
criminal procedure.
APA:
Nicolai, F., Maras, M.-H., Trautmann, J., & Schneider, J. (2024). When objects betray you: the Internet of Things and the privilege against self-incrimination. Information and Communications Technology Law. https://doi.org/10.1080/13600834.2024.2352691
MLA:
Nicolai, Florian, et al. "When objects betray you: the Internet of Things and the privilege against self-incrimination." Information and Communications Technology Law (2024).
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