At issue is the iPhone's 'frequent location history' (FLH), a location estimate generated by Apple's proprietary algorithm that has never been used in Massachusetts courts before.
The lower court correctly found that this witness was not qualified to testify on the reliability of FLH, and that the government had failed to demonstrate FLH had met the standard to be used as evidence against the defendant.
Courts serve a 'gatekeeper' function by determining the type of evidence that can appear before a jury at trial. Only evidence that is sufficiently reliable to be relevant should be admissible.
#EFF #Massachusetts Supreme Judicial Court #black box technology #reliability of evidence #proprietary algorithm
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