Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Crime Privacy The Courts

Judge: No Privacy Expectations For Data On P2P Networks 230

An anonymous reader writes "A federal judge in Vermont has denied a motion to suppress evidence filed by three defendants in a child porn case. The three had alleged their Fourth Amendment rights were violated when police used an automated P2P query-response tool to gather information from their computers. That information subsequently led to their arrest and indictments. The judge held (PDF) that the defendants had either inadvertently, or otherwise, made the information available for public download on a P2P network and therefore couldn't assert any privacy claims over the data."
This discussion has been archived. No new comments can be posted.

Judge: No Privacy Expectations For Data On P2P Networks

Comments Filter:
  • by sideslash ( 1865434 ) on Tuesday November 12, 2013 @03:30PM (#45404167)
    So when AT&T made their iPhone subscriber list "available for public download" that implicitly gave people on the internet permission to access this private information? Oh wait, they sentenced Weev to jail time for that [slashdot.org]. I'm so confused.

    And no, I'm not defending child porn users. Well, I guess I sort of am. But not... Darn it, you guys know what I mean.
  • by NettiWelho ( 1147351 ) on Tuesday November 12, 2013 @03:32PM (#45404191)
    Silly peasant, aristocracy have their own set of laws and courts.
  • by Lando ( 9348 ) <(lando2+slash) (at) (gmail.com)> on Tuesday November 12, 2013 @03:34PM (#45404233) Homepage Journal

    The ruling is on, "made the information available for public download on a P2P network" there are plenty of private p2p services. If you make your information available to everyone then of course the police don't need to go through red tape to get that information. Non-story

  • by Jah-Wren Ryel ( 80510 ) on Tuesday November 12, 2013 @03:35PM (#45404247)

    And no, I'm not defending child porn users. Well, I guess I sort of am. But not... Darn it, you guys know what I mean.

    Kiddie porn pirates are not the problem, the problem are all the people involved in the production. If you believe the MAFIAA's rhetoric the pirates are the solution since they are destroying the jobs of all the hard-working people in the kiddie porn industry.

  • Re:well, of course (Score:5, Insightful)

    by Anonymous Coward on Tuesday November 12, 2013 @03:36PM (#45404259)

    Especially on a P2P network like Gnutella where you can do search by keywords and then directly view what people have on their computers. It's like hanging a poster in your living room of a child being abused and someone walking by seeing it. They made the materials available for the public to see. I hope more people who are into sick stuff like that make the mistake of having the files publically visible. Especially p2p users since given the nature of p2p they can also be slapped with a distribution charge which will add years to their sentence.

  • Re:Hold on (Score:2, Insightful)

    by Fwipp ( 1473271 ) on Tuesday November 12, 2013 @03:40PM (#45404289)

    Well, if you share something on a P2P network, you intend for people to download it.
    If you accidentally reveal a list of other people's sensitive information (because you're bad at the web), you arguably didn't intend to make that data publicly available.

    Not meaning to side against weev or anything here, just pointing out a meaningful difference between the two.

  • Re:Open... (Score:5, Insightful)

    by Impy the Impiuos Imp ( 442658 ) on Tuesday November 12, 2013 @03:43PM (#45404339) Journal

    Yeah, I don't see what the issue is. They were sharing these files, or left them in folders their P2P software would automatically share.

    The article shows the police went ot of their way to deliberately not download the files, presumably for 4th Amendment search reasons, though why even that would be a problem I don't know. They were deliberately and knowingly sharing those files.

  • by Jah-Wren Ryel ( 80510 ) on Tuesday November 12, 2013 @03:46PM (#45404375)

    I was gonna say the same but couldnt come up with a way of saying "think of the children and download kiddie porn" without it coming across the wrong way.

    I think the take-away here is that the MPAA and RIAA are steadfast in their support of kiddie porn producers.

  • Re:Hold on (Score:5, Insightful)

    by Hatta ( 162192 ) on Tuesday November 12, 2013 @03:46PM (#45404379) Journal

    And what is the purpose of publicly facing web servers without authentication?

  • by Hatta ( 162192 ) on Tuesday November 12, 2013 @04:07PM (#45404583) Journal

    Another opinion is that these are two different kinds of services intended for two different kinds of uses.

    What exactly is the meaninful difference between the two services? Functionally, they are identical.

    That's a valid opinion, but possibly not a widely employed social convention.

    You know what is a widely employed social convention? That unauthenticated web services are free to use by the public.

  • by CanHasDIY ( 1672858 ) on Tuesday November 12, 2013 @04:46PM (#45405031) Homepage Journal

    RFTS, dude:

    The judge held (PDF) that the defendants had either inadvertently, or otherwise, made the information available for public download on a P2P network and therefore couldn't assert any privacy claims over the data.

    "inadvertently made public" == "did not intend to make public."

    Intent has fuck-all to do with the ruling; per the judge, what these pervs did and what AT&T did are exactly the same thing.

  • Re:Open... (Score:5, Insightful)

    by SuricouRaven ( 1897204 ) on Tuesday November 12, 2013 @07:21PM (#45406817)

    Thanks to the power of precedent, not any more.

    Child porn is very handy for setting a precedent, because judge and jury alike will usually so loathe the victim they'll do anything to see a strict sentence happen. If you've a defendant you can prove had child porn, you could probably charge them with regicide and conspiracy to blow up Pluto - and still have a chance of a conviction.

With your bare hands?!?

Working...