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
yesterday
Sandy replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"Interesting. I always thought he was still alive. Probably given some plastic surgery and a witness…"
yesterday
WIllow is now a member of 12160 Social Network
yesterday
Burbia commented on Less Prone's video
Thumbnail

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

"Props to Schottenstein on his foray out of the woods that was DEI and wokeness. "
yesterday
Burbia replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"One of the theories floating around was Hilary Clinton's brother Hugh, was the one…"
yesterday
Sandy posted a discussion
yesterday
Doc Vega posted blog posts
Wednesday
Less Prone favorited Sandy's video
Wednesday
Less Prone favorited tjdavis's video
Wednesday
Less Prone posted a video

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

AI Parody Music Video poking fun at the online hysteria surrounding Sydney Sweeney's American Eagle jeans campaign.✅ Blue jeans✅ Blonde panic✅ DEI gone wild✅...
Wednesday
tjdavis posted a video

How "Free" P*rn Sites Really Work (and Who Runs Them)

Excerpt from This Past Weekend w/ Theo Von #559 Laila MickelwaitFull Episode: https://youtu.be/9J7187j4PO4?si=2GUNymssKJpe6nEvFind Theo Von:Website: https://...
Wednesday
tjdavis posted a blog post
Wednesday
Doc Vega posted blog posts
Tuesday
Doc Vega commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"I've had my account with YouTube terminated before over bullshit excuses because they…"
Tuesday
Doc Vega commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Remember, though he makes his points, this man used the Beatles White Album as his own manifesto of…"
Tuesday
Sandy posted videos
Monday
Sandy posted a photo
Monday
Sandy commented on Sandy's video
Sunday
Sandy posted a video
Sunday
cheeki kea posted a photo
Jul 30

© 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