Rules installation of file-sharing software negates any reasonable expectation of privacy, and that, although the person may have intended to make his shared files private, his “technical savvy” failed him.
I don’t think anybody would argue the govt doesn’t have the authority to confiscate content accessed over a public P2P network like Limewire to use as part of a criminal investigation, but apparently Charles A. Borowy of Nevada did just that before the US Circuit of Appeals.
Borowy tried to claim that authorities unconstitutionally obtained evidence against him in a child pornography case because they failed to obtain a court order as required by the 4th amendments protection from warrantless search and seizure.
Back On May 3, 2007, Special Agent Byron Mitchell logged onto LimeWire and used the search term “Lolitaguy” to find a list of child porn content which he later verified via hash marks. After selecting one of the IP addresses responsible for making the content available, he then used the “browse host” feature to view the entirety of Borowy’s “shared” folder, some 240 files in all.
Agent Mitchell then downloaded the files and obtained a search warrant which led to the seizure of Borowy’s laptop computer, CDs, and floppy disks. Forensic examination of these items later revealed he had more than 600
images of child pornography, including seventy-five videos in his possession.
Borowy argued that because he had purchased and installed the newer version of LimeWire that allows the user to prevent others from downloading or viewing files on his computer without his permission, and because he attempted to engage this feature, he had a “reasonable expectation of privacy in the files” reads the ruling.
“However, for whatever reason, this feature was not engaged when Agent Mitchell downloaded the seven files from Borowy’s computer, and there was no restriction on Agent Mitchell’s accessing those files,” reads the ruling.
The court ruled that Borowy lost his reasonable expectation of privacy the moment he decided to install a file-sharing program on his computer, and that, although he may have intended to make his shared files private, his “technical savvy” failed him.
So the lesson here for file-sharers (not of child pornography, pedophiles please move along) is that you need to get a handle on your “shared” folder and ensure you’re only making content available on purpose and not accidentally. The latest versions of Limewire make it much harder to share content without your permission.
Stay tuned.
[Hat Tip]
Dawin45 did you read the article? They couldn’t just go and search your house. It’s the equivalent of posting to Twitter that you will kill someone and where the murder will take place. Or on a non technical level. You taking a pound of cocian and making a trail from your front door to the sidewalk. It’s illegal and viewable from a public place and obviously from a specific address.
ahhh and now they can get you in for drugs as they didn’t need a warant?
do we live in democacry? or in a dirty monopist totaqlitarism where right’s are violated every day?