Source



The 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.

Views: 45

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Sandy posted videos
1 hour ago
Doc Vega posted a blog post
6 hours ago
Роман posted a blog post

Архітектурне планування двоповерхового будинку: ключові рішення для комфортного простору

Проєктування двоповерхового будинку — це складний, але захоплюючий процес, що поєднує…See More
14 hours ago
Sandy posted videos
yesterday
Doc Vega's 5 blog posts were featured
yesterday
tjdavis's blog post was featured
yesterday
cheeki kea's blog post was featured
yesterday
Less Prone favorited Sandy's photo
yesterday
Sandy posted photos
yesterday
Doc Vega posted a blog post

After Querying GROK over the 1952 Washington National Sightings

The Washington National Sightings (also called the 1952 Washington, D.C. UFO incident, the…See More
Tuesday
Doc Vega posted blog posts
Monday
tjdavis posted a video

I Tried AI for Fun. Now I’ve Got Questions | Jeff Childers From #474 | The Way I Heard It

What does inevitability sound like?That’s not a thruway line—it’s the question I keep coming back to after this conversation with Jeff Childers. Because some...
Monday
Doc Vega commented on Doc Vega's blog post Regrets That Cling to Me
"Cheeki, Thanks so much for the encouragement! "
Sunday
Less Prone favorited tjdavis's video
Sunday
Burbia commented on Burbia's group The Comment Section is Closed
Saturday
tjdavis posted a video

The Geography of Iran Explained.

Hey Everyone,This is my attempt to humanize the people and country of Iran. I hope I can educate people on the geography of this country outside of what we ...
Saturday
cheeki kea commented on Doc Vega's blog post Regrets That Cling to Me
"An awesome poem for the day. It is actually World Poetry Day a special day granted by UNESCO to…"
Saturday
cheeki kea favorited Doc Vega's blog post Regrets That Cling to Me
Saturday
Doc Vega commented on Doc Vega's blog post A Cure for Cancer?
"cheek kea thanks you so much. Yes, I agree, but there was so much espionage, mistrust, and military…"
Mar 18
cheeki kea commented on Doc Vega's blog post A Cure for Cancer?
"Yes I believe there's a Cure or Remedy for everything. As netizens across the world start to…"
Mar 18

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted