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United States News
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Title: FBI Used Paid Informants On Best Buy's Geek Squad To Flag Child Pornography
Source: NPR
URL Source: https://www.npr.org/sections/thetwo ... quad-to-flag-child-pornography
Published: Mar 7, 2018
Author: staff
Post Date: 2018-03-07 20:19:44 by buckeroo
Keywords: None
Views: 3116
Comments: 56

The FBI paid Best Buy Geek Squad employees as informants, rewarding them for flagging indecent material when people brought their computers in for repair.

That's according to documents released to the Electronic Frontier Foundation, a digital civil liberties organization, which filed a Freedom of Information Act lawsuit seeking records that might show warrantless searches of people's devices.

EFF filed its complaint last year after revelations about the FBI's interactions with Geek Squad technicians emerged in the case of Mark Rettenmaier, an Orange County, Calif., physician and surgeon who took his computer in for repair when it wouldn't boot up. Rettenmaier faced child pornography charges after a Geek Squad employee flagged his computer to the FBI.

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of "false and misleading statements" an FBI agent made in an affidavit to get a search warrant for Rettenmaier's house. The government ended up dropping the charges against him.

The records now released to EFF shed a bit more light on the relationship between Best Buy and the FBI. The documents show a range of interactions: a $500 payment from the FBI to a Geek Squad employee, a meeting of the agency's Cyber Working Group at Best Buy's computer repair facility in Kentucky, and a number of investigations in which Geek Squad employees called the FBI field office in Louisville after finding suspected child pornography.

A key question is whether Best Buy employees "go fishing" in customers' devices with the goal of helping the FBI.

That's what Rettenmaier's attorney James Riddet argued a Geek Squad technician had done when he searched the "unallocated space" of Rettenmaier's computer, where he found an image that was used to persuade a judge to grant a search warrant for his home.

"Their relationship is so cozy," Riddet told The Washington Post last year, "and so extensive that it turns searches by Best Buy into government searches. If they're going to set up that network between Best Buy supervisors and FBI agents, you run the risk that Best Buy is a branch of the FBI."

Best Buy tells NPR that it does indeed report discovery of child pornography to law enforcement, citing a "moral and, in more than 20 states, a legal obligation" to do so — but it says it prohibits employees from looking for "anything other than what is necessary to solve the customer's problem." EFF says it is concerned the FBI is using Geek Squad informants to conduct private searches as a means of circumventing Fourth Amendment protections against warrantless searches.

"[T]he FBI's Geek Squad informants should plainly qualify as agents of the government," EFF wrote in May. "The records disclosed thus far indicate that FBI agents paid Geek Squad informants to conduct these wide-ranging searches of customers' devices, suggesting that officials both knew about the searches and directed the informants to conduct them. The payments Geek Squad informants received also demonstrate that they conducted the searches with the intent to assist the FBI."

Best Buy says it has "not sought or received training from law enforcement in how to search for child pornography" and has "redoubled our efforts to train employees on what to do — and not do — in these circumstances."

The company says that three of the four employees who allegedly received payment from the FBI for turning over child pornography are no longer with the company, and the fourth was reprimanded and reassigned. "Any decision to accept payment was in very poor judgement and inconsistent with our training and policies," it said in a statement to NPR.

The FBI would not comment on the matter, citing ongoing litigation. "In addition," a spokesman said in an email to NPR, "the FBI does not provide any information on the dealings with informants, for obvious reasons."


Very strange stuff, here.

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#17. To: buckeroo (#7)

What are you praying for? A police state to ensure your morals are brought into a court of law for scrutiny that are later released as the article sez?

Are you SURE protecting pedophiles is a mountain you want to climb on?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-03-08   7:11:56 ET  Reply   Trace   Private Reply  


#18. To: Deckard (#9)

Gee - there's no incentive there for the employee to "plant" the child porn on the computer to make a quick and easy 500 bucks, is there?

Is that something YOU would do for $500?

Where would you find the child porn to "plant",at home?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-03-08   7:13:25 ET  Reply   Trace   Private Reply  


#19. To: Deckard (#10)

Those Feebs are such wonderful examples of integrity.

Yeah,MOST Feebs ARE wonderful examples of integrity. Do NOT confuse their political leadership with the typical "Dudley Doright" that is the typical FBI field agent.

The FBI May Have Run Not Just One But 24 Dark Web Child-Porn Websites

The sites are thought to have accounted for roughly half of all child porn websites on the dark web.

Good for them!

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-03-08   7:16:48 ET  Reply   Trace   Private Reply  


#20. To: sneakypete (#18)

Is that something YOU would do for $500?

Personally? No - I don't have the computer skills to pull off something like that.

Where would you find the child porn to "plant",at home?

Apparently the man took his computer in for repair when it wouldn't boot up - so it was at the Best Buy.

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of "false and misleading statements" an FBI agent made in an affidavit to get a search warrant for Rettenmaier's house. The government ended up dropping the charges against him.

Looks to me like there wasn't enough evidence even with a search warrant and the charges were dropped after the FBI agent apparently lied.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-08   7:22:09 ET  Reply   Trace   Private Reply  


#21. To: sneakypete (#19)

The FBI May Have Run Not Just One But 24 Dark Web Child-Porn Websites

The sites are thought to have accounted for roughly half of all child porn websites on the dark web.

Good for them!

"Good for them"? Distributing child porn?

Okey dokey.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-08   7:24:07 ET  Reply   Trace   Private Reply  


#22. To: Deckard (#20)

Apparently the man took his computer in for repair when it wouldn't boot up - so it was at the Best Buy.

You think Best Buy stocks child porn?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-03-08   7:25:22 ET  Reply   Trace   Private Reply  


#23. To: Deckard (#21)

"Good for them"? Distributing child porn?

How much child porn have they distributed to you,your family,or your friends?

Name ONE innocent person you personally know that "accidentally" went looking for child porn on the Dark Web,found it,and "accidentally" kept going back and buying it. Theoretically,I "know" about the "Dark Web",but I don't have the first clue about how to find it,and absolutely zero interest in learning how based on what I have heard about it. Hell,I don't even have enough time to watch all the shows and movies I pull in on my ROKU,never mind depraved illegal shit on the internet that would make me want to personally start tracking people down.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-03-08   7:31:03 ET  Reply   Trace   Private Reply  


#24. To: buckeroo (#4)

Unlike you, I don't shit myself in fear of big daddy gov hiding under my bed. I don't break the law, fuckeroo

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-03-08   17:47:02 ET  Reply   Trace   Private Reply  


#25. To: GrandIsland (#24)

Don't you find that it is possible to have these "paid" informants plant the stuff?

I do. All they have to do is roll the date/time backwards and stuff whatever they want on the hard drives to collect their bounty. Apparently you aren't afraid of shenanigans like that sort of action.

buckeroo  posted on  2018-03-08   18:17:29 ET  Reply   Trace   Private Reply  


#26. To: buckeroo (#0)

The FBI paid Best Buy Geek Squad employees as informants ...
There is absolutely nothing new here, Sport.

The FBI has used informants, both paid and unpaid since....well, forever. The courts have long recognized that the FBI and LEOs use of informants is both lawful and essential to the effectiveness of properly authorized law enforcement investigations. while it is definitely legally permissible for the FBI to use paid and unpaid informants, special care is given so that no person’s individual rights are infringed upon.

There is no sensational breaking news about anything in this article and it is just another “ho hum” article designed to chastise the polices by cop-hating assholes. I am personally pleased to see that purveyors and users of child porn are being removed from the public and identified and labeled with a scarlet “CP.”

Don’t you really have anything better to do that post this crap ...

Gatlin  posted on  2018-03-08   19:26:23 ET  Reply   Trace   Private Reply  


#27. To: Gatlin (#26)

Notice: The FBI paid Best Buy Geek Squad employees as informants ; there was no training.

buckeroo  posted on  2018-03-08   19:37:48 ET  Reply   Trace   Private Reply  


#28. To: buckeroo (#25) (Edited)

Don't you find that it is possible to have these "paid" informants plant the stuff?

After it's found and located, without any constitutional violations, the computer is seized and sent to a lab for a computer forensic analysis. Those folks can tell the who, what, when, where and how of the illegal material found... and they'll testify as a professional, just like a DNA lab tech.

So shut your shat-flaps.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-03-08   19:54:17 ET  Reply   Trace   Private Reply  


#29. To: GrandIsland (#28)

So the case presented in the article is just BULLSHIT, 'eh? Seems to me you have a lotta faith in the FBI.

buckeroo  posted on  2018-03-08   20:13:43 ET  Reply   Trace   Private Reply  


#30. To: Deckard, A K A Stone, GrandIsland (#9)

Child porn is bad - OK?
No, it’s NOT okay and what you are doing is SO wrong..

First you stand up for the globalist against Trump and now you are for protecting child porn perverts against the FBI all because of your severe hatred for law enforcement.

Is there ABOLUTELY no END to your MADNESS?

What has gotten to you?

Not only you, but also Bucky and hondo.

You all are are some deranged idiots.

Gatlin  posted on  2018-03-08   20:36:37 ET  Reply   Trace   Private Reply  


#31. To: Gatlin (#30)

It is clear, you didn't read the article. You are a dumb ass.

buckeroo  posted on  2018-03-08   21:16:37 ET  Reply   Trace   Private Reply  


#32. To: Gatlin, ankle biter, tater tard, sniping behind the bozo filter (#30)

and hondo

Someone please tell tater to F' off, the coward has me on bozo.

Hondo68  posted on  2018-03-08   22:09:19 ET  (1 image) Reply   Trace   Private Reply  


#33. To: hondo68, tater (#32)

tater didn't read the article. He has some baggage with him called: dumb ass.

buckeroo  posted on  2018-03-08   22:24:28 ET  Reply   Trace   Private Reply  


#34. To: buckeroo (#0)

The FBI paid Best Buy Geek Squad employees as informants, rewarding them for flagging indecent material when people brought their computers in for repair.

Good

The geeks make a few extra dollars and the FBI can actively pursue degenerate criminals.

Win / Win

Jameson  posted on  2018-03-09   8:10:20 ET  Reply   Trace   Private Reply  


#35. To: Jameson (#34)

Good

The geeks make a few extra dollars and the FBI can actively pursue degenerate criminals.

Win / Win

You are another one that is anxious to read the "headline" but not commenting on the content of the body of the article.

This article proves my hypothesis that many on LF don't know how to read critically, much less apply critical thinking to the content of the article.

buckeroo  posted on  2018-03-09   8:29:39 ET  Reply   Trace   Private Reply  


#36. To: Gatlin (#30) (Edited)

First you stand up for the globalist against Trump and now you are for protecting child porn perverts

You sure like to make shit up, don't you.

I just agreed that child porn is bad.

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of "false and misleading statements" an FBI agent made in an affidavit to get a search warrant for Rettenmaier's house.

The government ended up dropping the charges against him.

In this particular fishing expedition, the charges were DROPPED because the Feebs lied to get a warrant.

Apparently you believe that it's fine and dandy for the FBI to "make shit up" in an attempt to get a warrant.

Apparently? Hell no - you have championed this sort of bullshit from cops ever since you've posted your cop-worshiping screeds on this chit chat channel and most likely all of your submissive life.

I'll say this one more time Parsons - child porn is bad.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   8:49:21 ET  Reply   Trace   Private Reply  


#37. To: Deckard (#36)

I just agreed that child porn is bad.
But then you strongly stated that it was bad for the FBI to used paid informants to help discover perverts and stamp it out.

You simply cannot have it both ways....even in your own libertarian “dark world.”

I was only pointing out that reality to you, as others have also correctly done.

Gatlin  posted on  2018-03-09   8:57:25 ET  Reply   Trace   Private Reply  


#38. To: Deckard (#36)

I'll say this one more time Parsons - child porn is bad.
I’ll say this is response – let the FBI do the job they are LEGALLY doing to stamp out child porn and get off of their ass while you continue to condemn LE for its every more.

Gatlin  posted on  2018-03-09   9:00:38 ET  Reply   Trace   Private Reply  


#39. To: Gatlin (#38) (Edited)

let the FBI do the job they are LEGALLY doing to stamp out child porn

If they had compelling evidence, why did they LIE to get a warrant?

Why are they not prosecuted for distributing child porn via their own websites?

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   9:01:50 ET  Reply   Trace   Private Reply  


#40. To: Deckard (#36)

Apparently you believe that it's fine and dandy for the FBI to "make shit up" in an attempt to get a warrant.
Apparently you cannot stay on point and NO I do not believe that.

The FBI never made anything up in an attempt to get a warrant when they used BBY as paid informants to discover purveyors of child porn.

Stick to the point.

Gatlin  posted on  2018-03-09   9:06:27 ET  Reply   Trace   Private Reply  


#41. To: Gatlin (#40)

I stated my concerns in my first post - nothing needs to be added.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   9:12:16 ET  Reply   Trace   Private Reply  


#42. To: Deckard (#39)

let the FBI do the job they are LEGALLY doing to stamp out child porn

If they had compelling evidence, why did they LIE to get a warrant?

How do you know that is the real REASON the federal judge threw out almost all the evidence?

Oh, because some MSM asshole journalist told you to believe that and since it was what you wanted to believe...then you did.

Do you always believe what the MSM states, or do you only believe it when you want to? We both know the answer to this question.

Get REAL, Deckard.

Gatlin  posted on  2018-03-09   9:12:38 ET  Reply   Trace   Private Reply  


#43. To: Deckard (#41)

I stated my concerns in my first post - nothing needs to be added.
You continued to state your hared for LE – you will be adding more.

Gatlin  posted on  2018-03-09   9:14:09 ET  Reply   Trace   Private Reply  


#44. To: Gatlin (#42)

Just so you know: this article was written by NPR (a liberal/socialist media group).

buckeroo  posted on  2018-03-09   9:16:39 ET  Reply   Trace   Private Reply  


#45. To: Gatlin (#42)

How do you know that is the real REASON the federal judge threw out almost all the evidence?

Here ya go - do you know how to click on an embedded link?

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of "false and misleading statements" an FBI agent made in an affidavit to get a search warrant for Rettenmaier's house. The government ended up dropping the charges against him.

The records now released to EFF shed a bit more light on the relationship between Best Buy and the FBI. The documents show a range of interactions: a $500 payment from the FBI to a Geek Squad employee, a meeting of the agency's Cyber Working Group at Best Buy's computer repair facility in Kentucky, and a number of investigations in which Geek Squad employees called the FBI field office in Louisville after finding suspected child pornography.

Photos found in Newport doctor’s home can’t be used during child porn trial, judge says

Child porn charges against Newport Beach doctor are dropped

The issue centers on the description of what officials call "the Jenny image" that allegedly was found in unallocated space on Rettenmaier's computer after he took it to Best Buy for repairs. The image is of a nude pre-pubescent girl on her hands and knees on a bed wearing a choker collar around her neck. In an affidavit, FBI agent Cynthia Kayle described it as child pornography.

However, Rettenmaier's attorneys argued in a January hearing — and Carney ultimately agreed in his ruling — that the image was instead child erotica. For a photo to be considered child pornography under federal guidelines, it must depict sexual intercourse, lascivious exhibition of genitals, bestiality, masturbation or sadomasochistic abuse.

"However, the Jenny image, although distasteful and disturbing, was not child pornography," Carney said, according to transcripts of last week's hearing. "It was child erotica, the possession and viewing of which is not unlawful."

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   9:24:54 ET  Reply   Trace   Private Reply  


#46. To: Deckard (#45)

That is an excellent post, Deckard.

buckeroo  posted on  2018-03-09   9:35:18 ET  Reply   Trace   Private Reply  


#47. To: buckeroo (#46)

Thanks - here's more information.

FBI Documents Show More Evidence Of Agency's Sketchy Relationship With Best Buy's Geek Squad

The problem with this relationship is the relationship. And the money. While tech repair personnel are expected to turn over discovered child porn to authorities, the active efforts of the FBI alter the incentives, pushing Geek Squad members towards digging through customers' computers for illicit material, rather than simply reporting what they come across during the course of their work.

The FBI wants to keep this relationship with Best Buy intact. It also wants to keep the evidence provided by Geek Squad members. While private searches can be used to predicate investigations, paying people to look for illegal material when their job is to repair devices turns this into a proxy search for federal law enforcement. That's not permitted under the Fourth Amendment and the FBI certainly knows it. The files central to this prosecution were discovered in unallocated space, making it unlikely they were discovered during routine repairs. It would imply a Geek Squad member went digging for illicit material, motivated by a possible payout from the FBI if anything was found.

The documents obtained by the EFF provide further evidence the FBI paid Geek Squad members to perform searches for it. They also show this relationship dates back at least a decade, with Best Buy doing its best to become an unofficial branch of the FBI.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   9:47:21 ET  Reply   Trace   Private Reply  


#48. To: Deckard (#47)

Very nice. Here is more for the misinformed idiots here on LF or the dumb ass lurkers:

Law Enforcement Should Not Be Able to Bypass the Fourth Amendment to Search Your Devices

Sending your computer to Best Buy for repairs shouldn’t require you to surrender your Fourth Amendment rights. But that’s apparently what’s been happening when customers send their computers to a Geek Squad repair facility in Kentucky.

We think the FBI’s use of Best Buy Geek Squad employees to search people’s computers without a warrant threatens to circumvent people’s constitutional rights. That’s why we filed a Freedom of Information Act (FOIA) lawsuit today against the FBI seeking records about the extent to which it directs and trains Best Buy employees to conduct warrantless searches of people’s devices. Read our complaint here [PDF].

EFF has long been concerned about law enforcement using private actors, such as Best Buy employees, to conduct warrantless searches that the Fourth Amendment plainly bars police from doing themselves. The key question is at what point does a private person’s search turn into a government search that implicates the Fourth Amendment. As described below, the law on the question is far from clear and needs to catch up with our digital world. California Case Highlights FBI’s Problematic Use of Geek Squad Informants

A federal prosecution of a doctor in California revealed that the FBI has been working for several years to cultivate informants in Best Buy’s national repair facility in Brooks, Kentucky, including reportedly paying eight Geek Squad employees as informants.

According to court records in the prosecution of the doctor, Mark Rettenmaier, the scheme would work as follows: Customers with computer problems would take their devices to the Geek Squad for repair. Once Geek Squad employees had the devices, they would surreptitiously search the unallocated storage space on the devices for evidence of suspected child porn images and then report any hits to the FBI for criminal prosecution.

Court records show that some Geek Squad employees received $500 or $1,000 payments from the FBI.

At no point did the FBI get warrants based on probable cause before Geek Squad informants conducted these searches. Nor are these cases the result of Best Buy employees happening across potential illegal content on a device and alerting authorities.

Rather, the FBI was apparently directing Geek Squad workers to conduct fishing expeditions on people’s devices to find evidence of criminal activity. Prosecutors would later argue, as they did in Rettenmaier’s case, that because private Geek Squad personnel conducted the searches, there was no Fourth Amendment violation.

The judge in Rettenmaier’s case appeared to agree with prosecutors, ruling earlier this month that because the doctor consented both orally and in writing to the Geek Squad’s search of his device, their search did not amount to a Fourth Amendment violation. The court, however, threw out other evidence against Rettenmaier after ruling that FBI agents misstated key facts in the application for a warrant to search his home and smartphone.

We disagree with the court’s ruling that Rettenmaier consented to a de-facto government search of his devices when he sought Best Buy's help to repair his computer. But the court's ruling demonstrates that law enforcement agents are potentially exploiting legal ambiguity about when private searches become government action that appears intentionally designed to try to avoid the Fourth Amendment. When Do Informants’ Actions Become Government Searches?

The FBI's use of Geek Squad employees to do their dirty work of searching people's devices without warrants is in part possible because there is a legal distinction between searches conducted by purely private parties and searches by private parties done on behalf of government agents.

The Fourth Amendment protections for “persons, houses, papers, and effects, against unreasonable searches and seizures,” only protects against searches conducted by state actors or someone deputized to act on their behalf.

That means if a private actor—like your next door neighbor—breaks into your home and finds evidence of a crime, there’s nothing keeping the police from using your illegally gotten property or information against you. The neighbor may be liable for trespass, but it wouldn't amount to a Fourth Amendment violation. This is called the “private search” rule and it applies unless a court determines that the private actors are working for the government when conducting the illegal searches.

The federal appeals court covering California and other western states has ruled that determining whether a party is a state or private actor comes down to two elements: (1) whether government officials knew of and agreed to the intrusive search and (2) whether the party conducting the search intended to assist law enforcement or further her own ends.

Under this rubric, the FBI's Geek Squad informants should plainly qualify as agents of the government. The records disclosed thus far indicate that FBI agents paid Geek Squad informants to conduct these wide-ranging searches of customers' devices, suggesting that officials both knew about the searches and directed the informants to conduct them. The payments Geek Squad informants received also demonstrate that they conducted the searches with the intent to assist the FBI.

Because both factors are present in the FBI's use of Geek Squad informants, we think any court encountering facts similar to Rettenmaier's should rule that the Fourth Amendment applies to the searches conducted at Best Buy facilities. Because the Fourth Amendment generally requires the FBI to obtain warrants before searching devices, the warrantless searches by Geek Squad personnel were the result of an unconstitutional search and thus any evidence obtained as a result of the illegal searches should be thrown out of court.

However, even if the Geek Squad is found to be a state actor, the government may still argue that computer owners waived any reasonable expectation of privacy in their digital files when they consented to Best Buys terms for repairing their devices. The U.S. Supreme Court applies a reasonable person standard when a property owner is aware that they are consenting to a government search.

This proved to be the pivotal argument in Rettenmaier's case, as the government argued in its briefs that computer owners waived their Fourth Amendment rights by signing a written form stating that they are “on notice that any product containing child pornography will be turned over to the authorities.”

We disagree with the government's flawed argument. While the Best Buy service contract does put customers on notice that it will report child porn to the FBI if it finds it, we don't think it comes close to informing customers that Geek Squad employees are working for the FBI and will search their hard drives far beyond the scope of permission customers gave. As the Rettenmaier motions show, it appears that Best Buy staff searched unallocated storage space where the problems with the computer would not be found.

When a customer turns their devices over to Best Buy or any other repair shop, their consent to searches of their devices should be limited to where the problems with the computer are located. Thus, customers cannot plausibly consent to expansive searches of their entire devices.

A real world analogy highlights the absurdity of the government's argument. When you go to the doctor for a sore throat, you don’t expect the doctor to order an MRI of your entire body.

The FBI's exploitation of the private search doctrine by relying on Geek Squad informants to conduct searches of people's devices is incredibly problematic. As technology advances, the wealth of information that may be stored or accessed from our digital devices implicate profoundly more private spheres of our lives, from protected medical and financial information to personal information about our friends, family, and loves ones.

If courts continue to rule that the Geek Squad informants are not state actors, then they are free to turn over any evidence they find to the government and law enforcement can then “reconstruct” the private party’s search free of any Constitutional taint to then obtain a warrant for the evidence. This subverting of Constitutional protections is made possible by an outdated and problematic legal concept known as the “Third Party Doctrine” that bars Fourth Amendment protection when a user “voluntarily shares” information with a third party (here, the Geek Squad), thus defeating any reasonable expectation of privacy in the evidence. This legal theory has been applied to eviscerate individual privacy interests in such private information as bank records shared with your financial institution and cell-site location information shared with your cell phone providers and produced to law enforcement without a warrant.

Currently, there’s a circuit split on how this search “reconstruction” may take place. In the Fifth and Seventh Circuits, courts permit law enforcement to search the entire computer without a warrant based on the private party’s search. In contrast, the Sixth and Eleventh Circuits restrict government searches only to the files searched by the private party. And in at least one district court in the Northern District of Indiana, the court decided that a private computer repairman had the authority to consent to a government search on behalf of the computer owner by virtue of his possession of the device.

We think that the FBI's use of Geek Squad informants is not an isolated event. Rather, it is a regular investigative tactic law enforcement employ to obtain digital evidence without first getting a warrant as the Fourth Amendment generally requires. EFF continues to look for opportunities to challenge this type of law enforcement behavior. If you have had your digital devices sent to the main Best Buy repair hub in Brooks, Kentucky for repair and it resulted in criminal proceedings against you, contact us at info@eff.org.


buckeroo  posted on  2018-03-09   10:53:34 ET  Reply   Trace   Private Reply  


#49. To: Deckard (#45)

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of "false and misleading statements" ...

That is not true. The judge decided that that the “image was instead child erotica and not child pornography

For a photo to be considered child pornography under federal guidelines, it must depict sexual intercourse, lascivious exhibition of genitals, bestiality, masturbation or sadomasochistic abuse.

You are sticking up for some doctor pervert that using “child erottica” to get his kicks?

HOW DARE YOU !!!

Don’t you have better and more socially accepted things to do …

Gatlin  posted on  2018-03-09   11:10:20 ET  Reply   Trace   Private Reply  


#50. To: Deckard (#45)

I am through with this thread.

I feel….so.…uh, completely….”violated” when exchanging posts with someone who defends “child erotica.”

Yuk !!!

Gatlin  posted on  2018-03-09   11:14:40 ET  Reply   Trace   Private Reply  


#51. To: Gatlin (#49)

So, it is acceptable to violate your Fourth Amendment Right, 'eh? The graphic wasn't even in allocated space which means that it could have been assigned without knowledge of the owner and then deleted. Yet, the graphic did not meet the government's own standards for "child pornography."

Why did the FBI pursue such a shaky case in the first place? Because they are not trained to perform their own jobs. In effect, they are inefficient and often a waste of tax payer dollars.

buckeroo  posted on  2018-03-09   11:16:23 ET  Reply   Trace   Private Reply  


#52. To: Gatlin (#49)

You are sticking up for some doctor pervert that using “child erottica” to get his kicks?

Nice try Gatslime I'm pointing out the illegality of the search which the prosecutors also admitted its illegality.

The point is the images are not illegal.

They are distasteful to be sure - but not illegal.

You may recall that parents have had their kids taken away back in the day when film was processed away from home - for having pictures of their kids in a bathtub and playfully posed on towels.

Couple Sues Walmart for Calling Cops Over Bath Time Photos

"Some of the photos are bath time photos," Lisa said, "but there are a few after the bath. Three of the girls are naked, laying on a towel with their arms around each other, and we thought it was so cute."

Investigators went to the Demaree home to question them and search their residence.

A.J. Demaree said he could understand why the police were there, but he said the pictures were innocuous snapshots of his kids goofing around, and some of them involved the children being naked.

The police and Child Protective Services saw it very differently.

The three children, ages 1½, 4 and 5 at the time the pictures were taken, were removed from the home and placed into the care of Child Protective Services.

It would be a month before A.J. and Lisa could regain custody of them.

A medical exam of the children revealed no signs of sexual abuse, and a judge ruled that the photos were in fact harmless.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   11:34:06 ET  Reply   Trace   Private Reply  


#53. To: Gatlin (#50)

I feel….so.…uh, completely….”violated” when exchanging posts with someone who defends “child erotica.”

No one is defending the child erotica you frigging liar!

I am merely pointing out the the Feebs violated the 4th Amendment.

I bet you have pictures of your naked grand kids in a bathtub.

Should we call the FBI?

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   11:45:05 ET  Reply   Trace   Private Reply  


#54. To: Deckard (#52)

I am shocked, I tell you….shocked beyond belief.

The judge said child erotica is okay.

Surely you must know that the definition of erotica is: “literature or picture intended to arouse sexual desire.”

So, it’s perfectly okay for you to have some perverts use the picture of a poor little naked girl to masturbate over?

What in heavens name is wrong with your mind?

First you want everyone to have free access to all drugs including heroin, then you become a globalist and now you want “child erotica” openly distributed to all perverts.

My God, man ….is the depth of your depravity and ignorance seemingly bottomless?

I am shocked, I tell you….shocked beyond belief.

Now….I am definitely finished.

PERVERT !!!

Gatlin  posted on  2018-03-09   11:47:08 ET  Reply   Trace   Private Reply  


#55. To: Gatlin (#54)

I am shocked, I tell you….shocked beyond belief.

Now….I am definitely finished.

HAHAHAHAHAHAHAHAHAHAHA

buckeroo  posted on  2018-03-09   11:50:54 ET  Reply   Trace   Private Reply  


#56. To: Gatlin (#54)

So, it’s perfectly okay for you to have some perverts use the picture of a poor little naked girl to masturbate over?

Keep lying Parsons.

I have not once defended this guy or the picture - grow the fuck up.

The fact remains - what he had was not child porn by the legal definition.

What is so difficult about that simple fact for you to grasp?

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2018-03-09   13:04:21 ET  Reply   Trace   Private Reply  


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