Posted On: December 14, 2007 by Mary Frances Prevost

COURT OF APPEAL SAYS DEFENDANT WHO FAILS TO PASSWORD PROTECT HIS COMPUTER FILES HAS NO EXPECTATION OF PRIVACY

The defendant had no reasonable expectation of privacy on his computer attached to a military base network in Saudi Arabia. He thought his files were password protected, but they were not.

His personal files were accidentally accessed by somebody finding, oops, child porn on his personal computer when it was attached to the network.

Therefore, he had no reasonable expectation of privacy in the network. The court analogized it to a person having attempted to protect against other seeing the information but failing in the attempt.

United States v. King, 2007 U.S. App. LEXIS 28912 (11th Cir. December 14, 2007):


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