Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Feds Can Search, Seize P2P Files Without Warrant
02-24-2010, 02:22 AM,
#1
Feds Can Search, Seize P2P Files Without Warrant
Feds Can Search, Seize P2P Files Without Warrant

* By David Kravets Email Author
* February 18, 2010 |
* 3:42 pm |
* Categories: Surveillance, porn, privacy
*

picture-5The authorities do not need court warrants to view and download files traded on peer-to-peer networks, a federal appeals court says.

Wednesday’s 3-0 ruling by the 9th U.S. Circuit Court of Appeals concerned a Nevada man convicted of possessing child pornography as part of an FBI investigation. Defendant Charles Borowy claimed the Fourth Amendment required court authorization to search and seize his LimeWire files in 2007.

The San Francisco-based appeals court, however, cited the nation’s legal standard, reiterating that warrants are required if a search “violates a reasonable expectation of privacy.” (.pdf)

Borowy, the court noted, “was clearly aware that LimeWire was a file-sharing program that would allow the public at large to access files in his shared folder unless he took steps to avoid it.”

The defendant, however, claimed he had a reasonable expectation of privacy because he thought he had turned off LimeWire’s share feature.

He was sentenced to 45 months in prison after pleading guilty to child-porn charges. The deal allowed him to appeal whether the search and seizure of his computer files was unlawful. Ultimately, a forensic examination conducted with a search warrant found 600 images of child pornography, as well as 75 videos on his computer or in his house.

He was nabbed when an FBI agent logged into LimeWire and searched using the keyword “Lolitaguy,” a term the court said was “known to be associated with child pornography.”

The agent used a proprietary software program that verified hash marks of files and displays a red flag next to known images of child pornography. The agent used LimeWire’s “browse host” feature and downloaded seven of 240 files being shared on Borowy’s IP address — four of which turned out to be child pornography.

The court’s decision was not the first word on the issue and won’t be the last.

Tens of millions of people use peer-to-peer services daily. LimeWire, one of many popular peer-to-peer programs, boasts 50 million monthly users.

And the same federal appellate circuit that considered Borowy’s case ruled similarly in 2008. The Supreme Court declined to review that decision.

Two other federal circuits, the 8th and 10th, have recently issued similar rulings. The 8th U.S. Circuit Court of Appeals’ 2009 opinion is on appeal to the Supreme Court.
[Image: conspiracy_theory.jpg]
Reply
02-24-2010, 03:03 AM,
#2
RE: Feds Can Search, Seize P2P Files Without Warrant
First they came for the child pornographers...
[Image: randquote.png]
Reply
02-24-2010, 03:12 AM,
#3
RE: Feds Can Search, Seize P2P Files Without Warrant
The other lesson is don't use Limewire. :lol:
“Today’s scientists have substituted mathematics for experiments, and they wander off through equation after
equation, and eventually build a structure which has no relation to reality. ” -Nikola Tesla

"When the power of love overcomes the love of power the world will know peace." -Jimi Hendrix
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  The Snowden Files by Luke Harding nofunclub 2 321 06-23-2014, 04:50 AM
Last Post: nofunclub
  NSA Files Decoded JFK 4 629 02-08-2014, 03:58 AM
Last Post: JFK
  Snowden Files: NSA Spied on Brazilian Oil-Giant Petrobras mexika 0 543 09-09-2013, 09:05 PM
Last Post: mexika
  Snowden Files: NSA 'Spied on Communications' of Brazil and Mexico Presidents mexika 0 391 09-02-2013, 10:45 PM
Last Post: mexika
  Laser pat-down: Invisible scanners to secretly search people TriWooOx 0 470 07-12-2012, 06:12 PM
Last Post: TriWooOx
  Feds now admits to storing naked body images from full body X-ray scanners TriWooOx 1 730 08-05-2010, 10:58 PM
Last Post: mexika
  Why the Feds Fear Thinkers Like Howard Zinn. mexika 0 453 08-05-2010, 08:27 AM
Last Post: mexika
  Whose Downloading What? The Feds Want To Know NickHedge 1 711 07-09-2010, 09:00 PM
Last Post: h3rm35
  Feds under pressure to open US skies to drones TriWooOx 2 831 06-15-2010, 02:41 PM
Last Post: SiLVa
  MEPs back web search history plan TriWooOx 0 518 06-14-2010, 06:50 PM
Last Post: TriWooOx

Forum Jump:


Users browsing this thread: 1 Guest(s)