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

Doc Vega posted blog posts
31 minutes ago
tjdavis posted a photo
yesterday
james will posted blog posts
yesterday
Less Prone favorited Sandy's video
yesterday
Doc Vega's 5 blog posts were featured
yesterday
tjdavis's 4 blog posts were featured
yesterday
Doc Vega posted a blog post

What was the Significance of the F-94 C and What role in History?

 It’s July 19, 1952 over White House forbidden airspace and Captain William Patterson observes…See More
Sunday
tjdavis posted a video

FLUORIDEGATE: An American Tragedy. a film by Dr. David Kennedy

FLUORIDEGATE: An American Tragedy, is a feature documentary that reveals the tragedy of how government, industry and trade associations protect and promote a...
Sunday
Doc Vega posted a blog post

Rendezvous With The Unknown

Rendezvous With the Unknown Chapter I It was about 9:00 am when I received a text on my phone from…See More
Saturday
cheeki kea replied to cheeki kea's discussion Tartaria
"ah ha - a Tartarian cuisine component lurks inside good old Tartar Sauce. Who would have thought.…"
Saturday
tjdavis posted a blog post
Saturday
Doc Vega posted a blog post

Shadows in the Wind

If you think that life is but a game you can winYou’re just a shadow in the windConveniently…See More
Friday
Doc Vega posted a blog post
Dec 18
tjdavis posted a photo
Dec 17
james will is now a member of 12160 Social Network
Dec 17
Burbia replied to cheeki kea's discussion Tartaria
Dec 17
Burbia posted a video

Mossad: we create a pretend world, we are a global production company... the world is our stage

60 Minutes interviews alleged Mossad agent"we create a pretend world, we are a global production company......the world is our stage."_______________________...
Dec 17
Doc Vega posted a blog post

The Alvin II Encounter: Was There A Living Dinosaur Involved?

The year is 1965 in the Caribbean islands at a 5-thousand-foot depth in the dark Atlantic waters.…See More
Dec 16
Doc Vega posted blog posts
Dec 15
rlionhearted_3 posted photos
Dec 15

© 2025   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