Federal Court: The Fourth Amendment Does Not Protect Your Home Computer

[KeithP]

https://www.eff.org/deeplinks/2016/...amendment-does-not-protect-your-home-computer

In a dangerously flawed decision unsealed today, a federal district court in Virginia ruled that a criminal defendant has no “reasonable expectation of privacy” in his personal computer, located inside his home. According to the court, the federal government does not need a warrant to hack into an individual's computer.

The implications for the decision, if upheld, are staggering: law enforcement would be free to remotely search and seize information from your computer, without a warrant, without probable cause, or without any suspicion at all. To say the least, the decision is bad news for privacy. But it's also incorrect as a matter of law, and we expect there is little chance it would hold up on appeal. (It also was not the central component of the judge's decision, which also diminishes the likelihood that it will become reliable precedent.)

That is a bit unsettling.

-KeithP

 

[master_shake_]

yeah, this won't even pass the sniff test with the scotus.

although smith v maryland was the case used with traffic on the internet and no reasonable expectation of privacy...

tough call.