Computer Search Warrants
“Government cannot rely on the Fourth Amendment’s plain-view doctrine in cases where the investigators rely on the intermingling of computerized records”
Computer Search Warrants
Tampa Criminal Defense Attorney reports severe limits in Computer Search Warrants and Searches – Another court has laid out detailed procedures for issuance and execution of search warrants for computers that contain files outside the scope of a search warrant. The court ruled that the Government cannot rely on the Fourth Amendment’s plain-view doctrine in cases where the investigators rely on the intermingling of computerized records to justify a broad seizure and examination of electronically stored records. United States v.Comprehensive Drug Testing Inc., 9th Cir.(en banc), No. 05-10067 (8/26/09).
The court states, “The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.” The plain-view doctrine is an issue courts have been struggling with.
Detailed procedures for searches of computer electronic data:
1. The government must not rely on the plain view doctrine in digital evidence cases.
2. Search must be either done by specialized personnel with a procedure to prevent disclosure investigators of information that is not the target of the warrant.
3. The government’s search method must be designed to uncover only the information for which it has probable cause.
When Computers Land in Court, We Can Help – Tell Me Your Story Toll Free – 1-877-793-9290.
Recording Industry Association of America
“Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.”
RIAA Recording Industry Association of America and Limewire
The RIAA Recording Industry Association of America used the same file-sharing software that online pirates use, an RIAA representative said during a private demonstration of how it caught alleged music pirates.
The RIAA uses LimeWire.The RIAA has a list of songs owned by the RIAA’s members. Media Sentry, runs copies of the LimeWire program and performs searches for those copyrighted song titles, to see if any are being offered by people whose computers are connected to the LimeWire network. The software lists IP address of active file sharers. The names of the people associated with particular IP addresses are not public, it is easy to find out which IP addresses are registered to each Internet-service provider. Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.
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