Peer to Peer Magazine

Dictation is nothing new for attorneys, but voice-to-text technologies such as Siri have opened new avenues for attorneys and their mobile devices. Attorneys routinely enter time, record and transcribe case notes, delegate tasks, and maintain client and other correspondence via the voice-to-text technologies on their mobile devices. In this age of digital vulnerability, could Siri and its voice-powered pals be sharing sensitive case information with the Internet at large? In an Esquire article titled "Siri is Definitely Sharing Your Data with Third Parties," a Reddit user called Fallenmyst claimed that during her former tenure as an employee of a third-party data mining company, she had access to voice recordings from Apple and Samsung devices generated by the voice-to-text function. Fallenmyst said she was sharing this information to educate the public, warning that information shared through functions like Siri are not necessarily "for your device only." Mobile users' data might not be as personal or private as one might assume. If true, this presents a significant risk for attorneys dictating sensitive information using voice-to-text technology. Before we revert to the handheld voice recorders of old, though, there are some important points to consider. WHERE DO YOUR VOICE-TO-TEXT RECORDINGS GO? There is a critical difference between selling and sharing data. There is no evidence to suggest that Apple or Samsung are selling data to third parties. However, Apple, Google, Microsoft and other companies contract external firms to advance their voice-to-text technologies. Anonymous and brief recordings of user data shared by mobile device manufacturers help the contractors deliver those enhancements. Those recordings: • Are completely anonymous • Are cut into five-second clips • Are only shared with external companies to enhance speech-recognition technology • Are part of a large sample, and only some will be heard PART OF THE AGREEMENT For Siri users, all of this is stated in Apple's iOS Software License Agreement: "By using Siri or Dictation, you agree and consent to Apple's and its subsidiaries' and agents' transmission, collection, maintenance, processing, and use of this information, including your voice input and User Data, to provide and improve Siri, Dictation, and dictation functionality in other Apple products and services." No surprises, right? The language seems to limit the authorized sharing to purposes that will improve Siri, and it is likely that all vendors and their employees are bound by confidentiality agreements designed to protect the device manufacturers and their users. Still, risk is always present in our digital interactions, and dictation and voice- to-text use are no exception. Everything attorneys dictate into their phones (email, documents, time entry, texts, etc.) will be sent to a server for voice recognition, and there is always a risk, albeit small, that the dictation could be heard. AVOID "ALL OR NOTHING" The importance of confidentiality cannot be overstated for attorneys, but this should not drive them into an "all or nothing" position. Rather than abandon the conveniences of voice-to-text technology, attorneys should weigh the benefits of dictation versus the risks of potential information disclosure and decide on a case-by-case basis whether to dictate or type. WWW.ILTANET.ORG 19

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