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Scooping Private Data Doesn’t Violate Fourth Amendment if the Owner Can Still Access It, Court Rules

by Reclaim the Net
April 30, 2022
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Scooping private data doesn’t violate Fourth Amendment if the owner can still access it, court rules

The US Ninth Circuit Court of Appeals appears to have given the government permission to order anyone’s internet account data copied and held without any cause, whenever they want, without providing any justification, according to University of California, Berkeley School of Law professor Orin Kerr’s analysis of a recent Ninth Circuit briefing that affirmed Carsten Igor Rosenow’s conviction and sentencing for sexually exploiting children in the Philippines.

In his appeal to the Ninth Circuit, Rosenow argued that he had a right to privacy in his digital data and that law enforcement requests to preserve his Yahoo! account data, which were submitted without a warrant after a tip from Yahoo!, violated the Fourth Amendment’s protection against unreasonable search and seizure.

But the Ninth Circuit rejected his argument and affirmed his conviction, saying that Yahoo!’s preservation of Rosenow’s records didn’t amount to an unreasonable seizure because the preservation requests didn’t prevent him from […]

Read the rest of this story here: reclaimthenet.org

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