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Jones doesn’t create a REP in a computer with P2P software that lets the police in

Posted on May 17, 2014 by pogowasright.org

FourthAmendment.com notes this opinion from the Northern District of Georgia:

Several courts have rejected the application of Jones to the investigation of file sharing programs,” United States v. Brashear, Criminal No. 4:11-CR-0062, 2013 U.S. Dist. LEXIS 163865, 2013 WL 6065326, at *3 (M.D. Pa. Nov. 18, 2013) (citations omitted), and the Court finds the reasoning of these cases persuasive. The government did not use a tracking device, such as at issue in Jones; instead, it merely obtained information publicly available on shared files via a software program that connected with defendant’s computer on which defendant had installed a file-sharing program.” United States v. Dennis, 2014 U.S. Dist. LEXIS 65694 (N.D. Ga. April 7, 2014).*

Category: CourtSurveillanceU.S.

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