ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (09/17 Recording Uploaded)
Emotional Support Group Meetings

ACSOL Conference Oct 1, 2022 

National

US appeals court ruling could ‘eliminate internet privacy’

Source: theregister.com 4/28/22

Tech terms of service dissolve Fourth Amendment rights, EFF warns

The US Ninth Circuit Court of Appeals on Wednesday affirmed the 2019 conviction and sentencing of Carsten Igor Rosenow for sexually exploiting children in the Philippines – and, in the process, the court may have blown a huge hole in internet privacy law.

The court appears to have given US government agents its blessing to copy anyone’s internet account data without reasonable suspicion of wrongdoing – despite the Fourth Amendment’s protection against unreasonable searches and seizures. UC Berkeley School of Law professor Orin Kerr noted the decision with dismay.

“Holy crap: Although it was barely mentioned in the briefing, the CA9 just held in a single sentence, in a precedential opinion, that internet content preservation isn’t a seizure,” he wrote in a Twitter post. “And TOS [Terms of Service] eliminate all internet privacy.”

The case at issue, US v. Rosenow, begins in October, 2014, when online money transfer service Xoom alerted Yahoo! to a number of Yahoo accounts involved in the buying and selling of child sexual abuse material. The convicted felon was formerly chief marketing officer for biotech biz Illumina.

 Yahoo! investigated, reported its findings to the National Center for Missing and Exploited Children (NCMEC) and subsequently involved the Federal Bureau of Investigation (FBI), and the Department of Homeland Security (DHS).

Law enforcement presented preservation requests to Yahoo! to preserve relevant user account data in October 2014, December 2014, and June 2015. Included therein were three financial transactions involving Rosenow.

Investigations by Yahoo! and law enforcement continued, culminating in the June 21, 2017 arrest of Rosenow at the San Diego airport in conjunction with the execution of federal search warrants for the defendant, his baggage, and residence. The feds seized digital image and video files as evidence. Rosenow in 2020 was sentenced to 25 years in prison for child pornography offenses.

Attorneys representing Rosenow sought to have the evidence obtained from the arrest disallowed by claiming that their client’s Fourth Amendment rights had been violated. They argued Rosenow had the right to privacy in his digital data. The government’s preservation requests – issued years before – and subpoenas submitted without a warrant, they said, violated Fourth Amendment protection against unreasonable search and seizure.

The appeals’ panel rejected the defense arguments and upheld the lower court’s conviction and sentencing.

The Ninth Circuit decision [PDF] says the government’s data preservation requests did not interfere with the defendants rights because the data was copied and the defendant was not deprived of it – there was no seizure.

Read the full article

 

We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
Subscribe
Notify of

15 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
15
0
Would love your thoughts, please comment.x
()
x
.