Strong Dissent in Porn-Related Search Case

[Bishop]

Strong Dissent in Porn-Related Computer Search Case
Warrant based only on Web site membership

Two judges on the 9th U.S. Circuit Court of Appeals who are on the liberal and conservative extremes of the court joined forces in strongly dissenting from a court ruling that mere membership in a pornographic Web site containing both legal and illegal porn is enough to authorize the FBI to search a home computer.

"The majority concludes that the [search warrant] affidavit made out probable cause by assuming that anyone who subscribes to an internet site with both legal and illegal material must collect illegal material from the site," wrote Judge Andrew Kleinfeld, a conservative appointee of President George H.W. Bush.

Full story here: http://www.law.com/jsp/article.jsp?id=1144228258971

[PornoDoggy]

Okay, so the article tells me that the majority may right on this one - but I'm using a most un-legal rule of thumb - common sense. The domain name alone suggests/implies illegal content.

It kind of depends on where they are going to go with this. If, as the Federal Prostitu, er, Prosecutor is correct and there were "...other factors, combined with membership in the site..." justifying the warrant, then I don't really see much of a problem.

On the other hand ... if some Bush Appointee with a direct pipeline to Gawdamighty (and an eye on an open Congressional seat) siezes upon one illegal image on an otherwise legal website to go on multiple fishing expeditions, then there are serious problems.

[Bishop]

The fishing scenario is what I fear.

[TheEnforcer]

Okay, so the article tells me that the majority may right on this one - but I'm using a most un-legal rule of thumb - common sense. The domain name alone suggests/implies illegal content.

It kind of depends on where they are going to go with this. If, as the Federal Prostitu, er, Prosecutor is correct and there were "...other factors, combined with membership in the site..." justifying the warrant, then I don't really see much of a problem.

On the other hand ... if some Bush Appointee with a direct pipeline to Gawdamighty (and an eye on an open Congressional seat) siezes upon one illegal image on an otherwise legal website to go on multiple fishing expeditions, then there are serious problems.


What he said!! :)

Good post PD. :okthumb:

[Dianna Vesta]

Its going to scare the shit out of subcribers.

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[PornoDoggy]

The fishing scenario is what I fear.
Yeah, the more I think about, so do I.