Tag Archives: Davidson County Lawyer

What if OJ had worn a Fitbit? – The use of Fitbit data in the courtroom

Fitibit_FlexAfter viewing part of the new OJ drama on television last night, I recalled seeing the white bronco drama unfolding on my own small television one summer law school.  The trial.  The glove.  The compliments on counsel’s hair.  The verdict.  It was fodder for a very hungry news machine.  As I watched the white bronco speeding down the highway again last night, I considered what the coverage of such an event would be now.  It would “telegraphed” by every iphone, tweet, Instagram, website, text, Snap chat, facebook post, blog and so forth now.  The frenzy would make shark week look like your kid’s fish bowl.

The media’s insatiable hunger for news has only increased and so has technology.  I awoke this morning to find yet another use of technology in the law.  Now your Fitbit could be used against you.  In other words, you may have the right to remain silent, but your Fitbit does not.

It counts steps.  It tracks your heart rate.  It knows when you are sleeping. It knows when you’re awake.  It can give an implication if you’ve been bad or good…. so be good for liability’s sake.

So, over coffee this morning, I marinated on this question, no matter what side of the verdict you were on, “What if OJ had been wearing a Fitbit?”

See the Forbes article by clicking here:

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Filed under Court, Litigation, technology in the courtroom