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

Three Mini Breaks From Melbourne That AREN'T The Great Ocean Road!

The Great Ocean Road is an internationally famous destination, and with its 243 km of stunning coastline vistas, it’s not hard to understa...

Why Dental Implant Treatment Is Considered the Gold Standard for Tooth Replacement

Tooth loss can affect far more than appearance. It can impact chewing ability, speech, confidence, and long-term oral health. Modern denta...

How to Prepare for Painting While Running a Business

Painting commercial premises whilst a business remains open will always involve some level of disruption. However, with careful planning a...

Why Professional Removalists Melbourne Services Make Every Move Easier and Safer

Relocating a home or business involves far more than transporting items from one location to another. Engaging professional removalists Me...

Catering Boxes for Food Businesses: Reliable Packaging for Transport, Storage, and Service

Choosing the right Catering boxes is a key decision for food businesses that handle prepared meals, events, and bulk orders. In catering...

Food Display Cabinet Solutions for Attractive and Safe Hot Food Presentation

Presenting food in a way that looks appealing while maintaining safe serving temperatures is essential for many hospitality and retail env...

Custom Builders in Melbourne Creating Bespoke Homes With Lasting Value

Choosing to build a home from scratch is a deeply personal decision, and working with experienced custom builders Melbourne allows homeow...

Sliding Screen Door Options That Enhance Comfort, Airflow, and Modern Living

A well-designed sliding screen door plays a quiet but powerful role in how homes and commercial spaces feel and function. It allows fresh ...

Buyers Agent in Melbourne Helping Secure Property With Confidence and Clarity

Navigating Melbourne’s competitive property market can be challenging, particularly for buyers trying to balance emotion, timing, and va...

Why Hiring A Shopify Web Developer Makes A Measurable Difference To Online Stores

Building a successful Shopify store requires more than selecting a theme and uploading products. A professional Shopify web developer bri...

No Credit Check Loans in Australia: What They Signal About Access to Credit

No credit check loans sit at the intersection of financial inclusion and risk management in Australia’s lending market. Often discussed ...

Domestic vs Commercial Builders in NSW: Licensing Differences Explained

When planning a construction project in New South Wales, choosing the right builder is crucial to ensure quality, compliance, and a smooth p...

Hybrid vs. Standard Caravans: Which is Better for a Family of Four?

Families exploring caravans for sale often compare hybrid and standard models to find the best balance of comfort, practicality and off ro...

First Time Shopping at a Caravan Clearance Sale? Here’s What to Know

If you’re in the market for a caravan, you should have a good idea of what you’re looking for by now. If a caravan clearance sale is loo...

Why the Alps Should Be on Every Traveler’s Bucket List

The Alps: one of the most remarkable mountain ranges in the world. A place where nature, culture, activity, and tranquility meet like a ha...

Exploring Local Markets and Artisan Shops in the Alps

Your ultimate guide to exploring the markets and artisan shops in the Alps of all of the regions' excursions is one of the most authentic ...

The Importance Of Professional Fiberglass Boat Repair For Strength, Safety And Long-Term Performance

Boats made from fiberglass are known for their durability, lightweight structure and smooth performance. However, even the strongest vesse...

Why Choosing the Right Cosmetic Clinic Bundoora Matters for Confidence and Care

Personal appearance can influence confidence, comfort, and overall wellbeing. Many people seek treatments to enhance features, refresh the...

Best Home Care Package Meal Providers: A Comprehensive Guide for Australian Seniors

As we age, maintaining proper nutrition becomes increasingly important, yet preparing healthy meals can become challenging for many older Au...

The Benefits Of Residential Solar Power Systems For Long-Term Energy Savings And Sustainability

Many homeowners are turning to residential solar power systems as a practical way to reduce rising electricity costs, improve energy inde...