Viw Magazine

Men's Weekly

.

  • Written by Mark Giancaspro, Lecturer in Law, University of Adelaide
If you have voice shopping activated on your voice assistant, anyone in your home could potentially purchase items in your name. Shutterstock

When Amazon launched its Alexa virtual assistant in 2014, it probably didn’t think that a bird would expose a potentially significant legal issue with the device. But an African grey parrot named Rocco, living in Blewbury, England, appears to have done just that.

Last month, Rocco made headlines for his habit of secretly ordering goods through his owner’s voice-activated Alexa device, which charges purchases to the linked Amazon account. The African grey species, which is renowned for its ability to mimic human speech, successfully ordered fruit, vegetables, ice-cream, a kettle, light bulbs and a kite.

Virtual assistants such as Alexa are growing in popularity. The number of users worldwide is projected to reach 1.8 billion by 2021. Unlike some rival models, such as Google Home, Alexa does not have individual voice recognition capability. Since Alexa cannot currently be trained to respond only to a selected person, anyone in your home could purchase items through your account.

Rocco’s ability to manipulate Alexa raises an important question: if someone made an unauthorised purchase on your Alexa device, would you be legally liable to pay for it?

The answer lies in contract law.


Read more: Digital assistants like Alexa and Siri might not be offering you the best deals


You are responsible

The setting for voice purchasing via Alexa can only be be switched on or off. That is, either the function is deactivated so that no one can make vocal purchase orders at all, or it’s calibrated to require a vocal confirmation code to authorise purchases.

In the first case, you cannot enjoy one of the technology’s most convenient features. In the second case, you are still susceptible to a third party – human or capable animal – overhearing and mimicking your voice to make illegitimate purchases. You must then act swiftly to cancel the order in time.

Amazon’s Conditions of Use, which govern voice purchasing through Alexa, state:

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

A golden rule of Australian contract law is that once you sign a contract you are deemed to have read, understood and accepted the terms – even if you haven’t. This is also the legal position in the US, whose laws govern the Amazon Conditions of Use.

So, when you sign up to use Alexa, you agree to be responsible for any purchases made on the device by you, your resident parrot, a mischievous friend or relative, or an unwelcome burglar. It doesn’t matter whether you intended the purchase or not.


Read more: There's a reason Siri, Alexa and AI are imagined as female – sexism


There are exceptions

If your pet is responsible, you will have a stronger case to avoid paying because animals other than humans lack the legal capacity to enter into contracts, so the transaction would be “voidable”. If a human is to blame, which is more likely, there is a legal exception that might still save you having to pay up.

African grey parrots are very good at mimicking human speech.

Under both Australian and US law, where a party to a contract is mistaken about the identity of their counterpart, the contract may be void under the “doctrine of mistake”.

In Australia, this rule applies where parties do not contract face-to-face, which will always be the case when someone orders through Amazon via Alexa. The critical factor is “materiality” – you need to prove that mistaken identity was vitally important to the transaction.

This will be difficult given Amazon has no interest in who specifically is ordering its products, and the Alexa owner would not normally care who at Amazon’s end has processed the order. But the fact someone made a purchase without the owner’s permission in circumstances where they could not reasonably prevent it might suffice as “material” for the courts.

American law is similar. Section 153 of the influential Restatement (Second) of Contracts states that a party can plead mistake and escape the contract where the mistake is material, and:

  1. enforcing the contract would be unconscionable (unjust), or
  2. the other party had reason to know of the mistake or actually caused it through their own fault.

Amazon would never be at fault, nor able to tell if an unauthorised party made a purchase on Alexa, so you would need to prove that the transaction was unjust and that mistaken identity was critically important.

A potential snag is the exception stated in Section 154: this says that Section 153 won’t apply if you and the other party have agreed that you will bear the risk. It might come down to how a court reads the Amazon Conditions of Use.


Read more: Do I want an always-on digital assistant listening in all the time?


Legal precedents

Recent US court decisions emphasise that the mistake doctrine won’t apply where the other party’s identity is immaterial or irrelevant. Again, it would certainly be relevant where the Alexa owner had no way of preventing the unauthorised purchase (such as criminal activity). Enforcement would be grossly unfair in that situation.

The courts would probably not be as lenient if it were a friend, relative or pet doing the deed, as their use of Alexa is an assumed risk on the owner’s part. But it is still arguable that the owner should be legally excused because they had no involvement whatsoever in the purchase. The nature and value of the products purchased might also weigh into a court’s assessment.

To avoid a costly lawsuit, Alexa owners should deactivate voice purchasing when the unit is unsupervised, or discretely implement and use a confirmation code for voice purchases.

Users should also regularly check their accounts to ensure that any unauthorised purchases are picked up early and cancelled in time.

Finally, consider a dog instead of a parrot.

Mark Giancaspro does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: Mark Giancaspro, Lecturer in Law, University of Adelaide

Read more http://theconversation.com/alexa-call-my-lawyer-are-you-legally-liable-if-someone-makes-a-purchase-using-your-virtual-assistant-109075

One-Day Dental Crowns in Bangkok: Why Australians Are Choosing Thailand

Dental crowns are one of the most common restorative treatments for damaged teeth, but in Australia, the cost and long waiting times can be ...

Why the Humble Pizza Box Is a Cornerstone of Food Packaging

Few items in the world of food packaging are as iconic and universally recognized as the pizza box. More than just a container, it is a vi...

Automatic Sliding Screen Door: A Blend of Convenience and Modern Design

Modern homes and businesses are constantly evolving to embrace innovations that combine convenience, security, and style. Among these inno...

Your Go-To Electrical Wholesaler in Sydney for Quality Sparkie Supplies

Let's be fair dinkum, when you're a electrical technision in Sydney, the last thing you want is to be running around like a headless chook l...

Why Doctors Recommend Earplugs for Flying with Sinus Issues

Air travel is convenient, but for people with sinus issues, it can be anything but comfortable. The pressure changes that occur during takeo...

Tradies Make Great Money - So Why Aren't Kids Becoming Apprentices?

Jack loved building, fixing, and improving, and always assumed he would become a tradie like his dad. However, his dreams hit the skids when...

Breastfeeding for Working Mothers: How to Make It Work at Work

Being a breastfeeding working mothers can at times be quite a challenge. Mothers oftentimes wonder if they are capable of expressing milk, s...

Quietly Productive: How Smart Design and Flexible Furniture are Transforming Australian Offices in 2026

For decades, Australian workplaces have been shaped by the open-plan office. Once celebrated as the ultimate collaboration hub, it is now ...

Can’t Afford a First Home in Brisbane? Buy an Investment Property in Regional Queensland

You’re not the only one that is struggling to afford a home. First homes in Brisbane cost an arm and a leg and possibly a few organs too! ...

Understanding Airflow Requirements for Efficient Evaporative Cooling

Evaporative cooling works on a simple principle: drawing warm air through water-saturated pads and circulating the cooled air throughout a...

Garage Door Torsion Springs: What They Are and Why They Matter

Garage doors might seem simple, but they rely on a system of components that work together to provide smooth and balanced movement. One of...

Why a Retractable Hose Reel Is a Must-Have for Every Australian Property

When managing outdoor spaces, whether residential, commercial, or industrial, water management tools are essential. Among the most practic...

7 Signs Your Lorry Needs a Diesel Mechanic, Stat!

Your lorry is the backbone of your business. When it's running smoothly, everything else tends to fall into place. But what happens when t...

Mean Mother Air Compressor and Autostrada Cruise Control: Enhancing the Journey

Modern 4WD accessories like the Mean Mother air compressor and Autostrada cruise control systems transform both capability and comfort for...

Why Real Estate Is a Smart Long-Term Investment

When it comes to building wealth and securing financial stability, few opportunities stand as tall as real estate. Unlike short-term venture...

The Ultimate Guide to Building a Home Gym on a Budget

For many people, the idea of building a home gym feels expensive and overwhelming, but it doesn’t have to be. The truth is, you don’t ne...

Red Flags to Look Out for When Buying an Investment Property

When you're looking to buy a property to rent out, it is a great way to build wealth. But not every property is a good deal. To make a smart...

The Complete Guide to Navigating the Home Buying Process

Buying a home in Australia is a wild ride. There’s the pressure, the excitement, and the endless scrolling of properties on apps like youâ...

The Ultimate Guide to Building a Capsule Wardrobe

There is nothing more infuriating than seeing getting dressed in the morning as a frustrating chore. If you spend mornings standing in front...

Simple Daily Habits That Improve Balance and Flexibility

Have you ever noticed how easily children can twist, stretch, and balance without a second thought? As adults, we often lose that natural ag...