Cethin@lemmy.zip 21 hours ago
Here’s what I think, though IANAL:
Youre phone being somewhere unusual is pretty good evidence you were there, especially if a crime happened there. What are the odds you gave your phone to someone to go commit a crime with it on them?
However, if you’re planning on committing a crime, it’s wouldn’t be that difficult to have it play videos while you’re out doing said crime. It’s evidence that something happened, but it isn’t very strong evidence that you didn’t commit the crime.
However, a criminal trial requires proof beyond a reasonable doubt. You don’t need to prove that you’re innocent. You just need to create enough doubt that you’re guilty. It’s the prosecution that has to prove that you’re guilty.
some_guy@lemmy.sdf.org 20 hours ago
I’ll point out that just having videos play without interacting with the site would get undermined pretty easily. But if you were actively tapping around and deliberately interacting with the site, you’d have a stronger case that you were actually at home.
Cethin@lemmy.zip 18 hours ago
Sure, but I don’t know how they’d get that data. Every tap likely isn’t stored. Still, I could write a script to fake it, and build a device to to it. It’s evidence, but it isn’t particularly strong.
some_guy@lemmy.sdf.org 8 hours ago
Major systems like YouTube generate logs. Even your Mac or PC generates copious logs. Those logs / the info will be subpoenaed. It’s easy to tell if someone was interacting with a site when you contact the people who run it.
Cethin@lemmy.zip 2 hours ago
Yes, but not mouse movements. It’ll be things like then clicking on videos and page views. That can be automated easily.