When objects betray you: the Internet of Things and the privilege against self-incrimination

Abstract

ABSTRACT 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.