Attorney Wood - on behalf of MACDL and in cooperation with a team from the Electronic Frontier Foundation, the ACLU, and NACDL - recently filed an amicus brief with the Supreme Judicial Court arguing that supposed expert testimony regarding proprietary “black box” technologies should be excluded. Such testimony does not pass Daubert/Lanigan test unless accompanied by testimony from an expert who knows what is in that black box! Here, a prosecution witness intended to testify regarding the defendant’s iPhone “frequent location history” without knowing anything about the algorithm that produces such a history, including the reliability of the data it uses or the reliability of the algorithm used to reach the supposed result. The defendant’s attorney successfully argued below that the testimony failed Daubert/Lanigan. The SJC should uphold that order.