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goalieskates
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join:2004-09-12
land of big

goalieskates

Premium Member

Child pornography conviction overturned because the government violated ...

Child pornography conviction overturned because the government violated the Posse Comitatus Act (Washington Post)
quote:
Agent Logan understood that he did not have the authority to search any location, but had to limit his searches to areas where there was “a Department of Navy interest.” Yet, Agent Logan’s search did not meet the required limitation. He surveyed the entire state of Washington for computers sharing child pornography. His initial search was not limited to United States military or government computers, and, as the government acknowledged, Agent Logan had no idea whether the computers searched belonged to someone with any “affiliation with the military at all.” Instead, it was his “standard practice to monitor all computers in a geographic area,” here, every computer in the state of Washington….
Lots of legalese, but a sad commentary on what the government can do.

Kilroy
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join:2002-11-21
Saint Paul, MN

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Kilroy

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While I'm not wild about the child porn guy getting off, it is nice to see the courts slap down the government when they over step their authority.
HELLFIRE
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join:2009-11-25

HELLFIRE to goalieskates

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to goalieskates
said by goalieskates:

but a sad commentary on what the government can do.

More like "person with root / admin access and setting out on a 'search everything' job."

The technicals are easy, it's the legal that's the hoopjumping, I find...

My 00000010bits

Regards
19579823 (banned)
An Awesome Dude
join:2003-08-04

19579823 (banned) to Kilroy

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to Kilroy

Yes its good to see but its sad knowing this is going on!! (Exchanging child porn (Isnt that more than just innocent nudity?? -- Its very sad))

Well NOW THEY KNOW THIS IS GOING ON,IM SURE SOMEONE ELSE WILL LOOK INTO IT!!

Link Logger
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join:2001-03-29
Calgary, AB

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Re: Child pornography conviction overturned because the government violated ...

And so the courts should have chucked this out (full court ruling here):

»docs.justia.com/cases/fe ··· 9-12.pdf

This is one reason why in Alberta we have ICE units (Integrated Child Exploitation) as we like charges like this to stick and get the creeps behind bars so children are safe, but this isn't the land of 'I was a traffic cop for 10 years', these are people who are trained in this sort of work and know the laws and how courts work (they also know you just don't trust someone else's investigation and they do their own work to ensure and properly document the crime). The sad part about this is if you read the court document this investigation went through a number of different groups who should have known better on how to proceed but it turned into a fail.

What is funny is Agent Logan really only used basic skills and tools to find said system.
quote:
Agent Logan used a software program, RoundUp, to search for any computers located in Washington state sharing known child pornography on the Gnutella file-sharing network
For more information see »www.sciencedirect.com/sc ··· 13003232

Blake
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