PogoWasRight.org

Menu
  • About
  • Privacy
Menu

The Geek Squad and the Fourth Amendment

Posted on January 12, 2017 by pogowasright.org

I was waiting to see if he’d write about this case, and I’m glad to see Orin Kerr has:

The Post’s Tom Jackman has an interesting story about a criminal case pending in Los Angeles before U.S. District Judge Cormac J. Carney:

At a giant Best Buy repair shop in Brooks, Ky., Geek Squad technicians work on computers owned by people across the country, delving into them to retrieve lost data. Over several years, a handful of those workers have notified the FBI when they see signs of child pornography, earning payments from the agency.

After reviewing where there is precedent for some aspects of this, Orin writes, in part:

According to the Post story, the government is arguing that the computer owner waived his Fourth Amendment rights because he signed a written form stating that “I am on notice that any product containing child pornography will be turned over to the authorities.” I’m skeptical about that argument. I don’t know the full context, but that language in isolation strikes me as most naturally read as notice that any discovered images would be turned over, not as an understanding that the computer repair technicians would search everywhere on the hard drive to discover such images. Scope of consent issues are always fact-bound, however, so it’s hard to say much more on that.

Read more on The Volokh Conspiracy.

Category: BusinessCourtGovtSurveillanceU.S.

Post navigation

← Techdirt’s facing a fight for its life – and we should all support them (updated)
Lawsuit says city interferes with cellphone service when it uses surveillance tech →

Now more than ever

Search

Contact Me

Email: [email protected]

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Sky Views Personal Data as a Potential Weapon in IPTV Piracy War
  • Florida Used a Nationwide Surveillance Camera Network 250 Times To Aid in Immigration Arrests
  • Federal Court Strikes Down HIPAA Reproductive Health Care Privacy Rule
  • The Markup caught 4 more states sharing personal health data with Big Tech
  • Privacy in the Big Sky State: Montana’s Consumer Privacy Law Gets Amended
  • UK Passes Data Use and Access Regulation Bill
  • Officials defend Liberal bill that would force hospitals, banks, hotels to hand over data

RSS Recent Posts on DataBreaches.net

  • Why Dumping Sensitive Data on Network Shares is a Liability
  • A militarily degraded Iran may turn to asymmetrical warfare – raising risk of proxy and cyber attacks
  • Pro-Russian hackers disrupt Dutch government websites ahead of NATO summit
  • Iran-Linked Threat Actors Leak Visitors and Athletes’ Data from Saudi Games
  • UK: Oxford City Council still investigating cyberattack from earlier this month
©2025 PogoWasRight.org. All rights reserved.