Digital Forensics

"Black Box" Algorithmic Location History Evidence Not Reliable

On February 20, 2024 the Supreme Judicial Court issued an important decision in Commonwealth v. Arrington regarding "black box" algorithmic digital forensics. The prosecution tried to use iPhone "frequent location history" evidence to prove the defendant’s presence at the scene. Agreeing with arguments made by a large amicus coalition including MACDL represented by Attorney Wood, the SJC excluded the evidence. We were pleased to see the SJC rely on Attorney Wood’s litigation in Commonwealth v. Rintala to require that new, unusual expert testimony be excluded unless the Commonwealth can prove how the underlying technology worked and that it is reliable and testable.