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United States Crime Privacy The Courts The Internet

Navy Guilty of Illegally Broad Online Searches: Child Porn Conviction Overturned 286

An anonymous reader writes In a 2-1 decision, the 9th Circuit Court ruled that Navy investigators regularly run illegally broad online surveillance operations that cross the line of military enforcement and civilian law. The findings overturned the conviction of Michael Dreyer for distributing child pornography. The illegal material was found by NCIS agent Steve Logan searching for "any computers located in Washington state sharing known child pornography on the Gnutella file-sharing network." The ruling reads in part: "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. The record here demonstrates that Agent Logan and other NCIS agents routinely carry out broad surveillance activities that violate the restrictions on military enforcement of civilian law. Agent Logan testified that it was his standard practice to "monitor any computer IP address within a specific geographic location," not just those "specific to US military only, or US government computers." He did not try to isolate military service members within a geographic area. He appeared to believe that these overly broad investigations were permissible, because he was a "U.S. federal agent" and so could investigate violations of either the Uniform Code of Military Justice or federal law."
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Navy Guilty of Illegally Broad Online Searches: Child Porn Conviction Overturned

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  • by RichMan ( 8097 ) on Sunday September 14, 2014 @04:32PM (#47903811)

    Military equipment is the property of the people of the United States. So if what he was doing was against the law then will he be charged with misusing military equipment?

    • by Anonymous Coward

      guilty? Was he found guilty? I thought the evidence was merely thrown out.

      • by RichMan ( 8097 )

        Regardless of guilty or not he was using the equipment outside of the allowed operating parameters. You can't take a tank for joyride, borrow an automatic rifle to go varmant hunting at your rural property, or misuse military computers.

        The question for the masses, is this worse than committing the military network to working on folding-at-home or bitcoin production?

      • He cannot be found guilty until he is charged with a crime, something which the poster you replied to was suggesting should happen.
    • by tomhath ( 637240 )
      It's not clear that what he was doing was against the law. He had no authority to provide evidence against a civilian to local authorities, so it couldn't be used against the defendant; but if the defendant had been in the military there wouldn't be any issue.
      • by lgw ( 121541 )

        Well, if civilian rules of evidence were in play, the evidence should still be thrown out - an overbroad search is an overbroad search. Even though might have found the same evidence with a narrow search, you didn't. But then, I have no clue what the rules of evidence are for the UCMJ, and it's a different world than civilian law. (And of course in the civilian world, they'd just use parallel construction to falsify the origin of the evidence.)

  • by cold fjord ( 826450 ) on Sunday September 14, 2014 @04:36PM (#47903823)

    Looks like the basis was the Posse Comitatus Act [wikipedia.org] rather than an actual constitutional issue. Hard to say how this will play out over time. The Supreme Court could go either way, or Congress could act to allow it if they so choose.

    Navy Guilty of Illegally Broad Online Searches [courthousenews.com]

    Writing in dissent, Judge Diarmuid O'Scannlain noted with apparent regret that the majority was the first ever to apply the "exclusionary rule" to violations of the Posse Comitatus Act.
              Excluding evidence under the rule should be a "last resort" and done only after consideration of the "social costs," he argued.
              "Yet, in a breathtaking assertion of judicial power, today's majority invokes this disfavored remedy for the benefit of a convicted child pornographer," O"Scannlain wrote. "It does so without any demonstrated need to deter future violations of the PCA and without any consideration of the 'substantial social costs' associated with the exclusionary rule."

    I wonder if legally speaking this would even be an issue if the Coast Guard was doing it? The Coast Guard is considered law enforcement unless acting under the direction of the Navy in wartime.

  • by vivaoporto ( 1064484 ) on Sunday September 14, 2014 @04:38PM (#47903841)
    You have all been trained to accept this as normal- NCSI (the TV show, among most police procedurals) shows the resident geeks (McGee and Abby) operating dragnets on cellphone metadata, surveillance camera images, internet data and metadata, GPS locations and even breaking into classified networks to fetch this or that file on the suspect that they were not supposed or cleared to have.

    You know they are justified because of the foregone conclusion: you have seen the evildoer doing the bad deed and you are rooting for him get caught.

    Although real life doesn't work that way people are conditioned to believe if law enforcement bent the rules they did it in order to untangle themselves from the red tape and get the bad guys.

    Those rules are there for a reason (look up general warrants and why the U.S. founding fathers specifically banned them in the 4th amendment), to prevent the exact kind of abuse that is happening right how.

    But the media is doing the damnedest effort to convince the people that if police accuse someone he is certainly guilty of something and it is a matter of digging deep and broad enough to nail him.
    • You have all been trained to accept this as normal- NCSI (the TV show, among most police procedurals) shows the resident geeks (McGee and Abby) operating dragnets on cellphone metadata, surveillance camera images, internet data and metadata, GPS locations and even breaking into classified networks to fetch this or that file on the suspect that they were not supposed or cleared to have. You know they are justified because of the foregone conclusion: you have seen the evildoer doing the bad deed and you are rooting for him get caught. Although real life doesn't work that way people are conditioned to believe if law enforcement bent the rules they did it in order to untangle themselves from the red tape and get the bad guys. Those rules are there for a reason (look up general warrants and why the U.S. founding fathers specifically banned them in the 4th amendment), to prevent the exact kind of abuse that is happening right how. But the media is doing the damnedest effort to convince the people that if police accuse someone he is certainly guilty of something and it is a matter of digging deep and broad enough to nail him.

      You're spot on.

      But like as not, there have been just as many juries use the bar set by the make-believe CSI teams to exonerate defendants, so there's at least the merit of the disinformation working both ways.

  • by rossdee ( 243626 ) on Sunday September 14, 2014 @04:40PM (#47903851)

    Which show is he from?

  • distasteful.

    This and recent others, including the Sotomayer story, buoy our optimism the system is still occasionally self-correcting.

    It's not over doomsayers, not by a long shot.

  • Commit crime while being monitored illegally by government agency.
    Get convicted.
    Have conviction quashed due to illegal monitoring, despite evidence being factual and guilt proven beyond reasonable doubt.

    Commit crime again...
    Profit?

    • by ewieling ( 90662 )
      If law enforcement doesn't want these sorts of things to happen they can stop doing illegal searches and illegal surveillance. Problem solved.

      We have gone from "It is better that ten guilty men go free than that one innocent man be convicted." to "It is better that ten innocent men get convicted than to let one guilty man go free".

      It is disgusting.
      • First of all, no innocent person was convicted.
        But more importantly, law enforcement is supposed to do one thing. Benefit society by making it a safer place for everyone.

        Society does not benefit from quashing the conviction.
        The law enforcement agency is not punished for their own crime.

        If you want to live in a society where a guilty person is set free because of technicalities of how evidence was discovered, with no regard as to its credibility, go for it.

        I would rather the judge in this case weighed up the

  • While I would say this sounds like a waste of military resources, is it really an illegal search?

    Isn't making files available on a p2p network akin to classifieds or placing a sign on your lawn and a cop car drive through the neighbourhood?

    • by gweihir ( 88907 )

      It is a the military policing your neighborhood. That happens to be illegal except in times of emergency, and for good reason.

  • ... the public, civilian Internet. By what logic do they think this is ny of their business? If the FBI or local law enforcement do the searching and, as a result, identify military personnel who might be in violation of the UCMJ (which may differ from civilian law), then by all means, turn his name over to NCIS. But lets not let civilian law enforcement off the hook for letting the civilian creeps slide. Our local cops have looked the other way on too many child molestation cases because, "Aw shucks. Its

  • by globaljustin ( 574257 ) on Sunday September 14, 2014 @06:19PM (#47904315) Journal

    buried in the details in the description is a nice **official** nugget of knowledge:

    searching for "any computers located in Washington state sharing known child pornography on the Gnutella file-sharing network."

    any router jockey knows this is possible...but the fact that they seem to have an API and it all set up...that is interesting news

    so...they can search all of Gnutella live for who is sharing CP...think about what that means...

    • by AHuxley ( 892839 )
      That has been going on for many, many years. Every file of interest to law enforcement globally is logged and tracked over many different kinds of networks, p2p like networks in real time.
      All users moving any known file have unique data about their network and computers used (beyond MAC, ip) recorded as the file is networked.
      The US gov could have looked at all networks and then sorted for gov and mil workers legally. Or had the mil sort for on base networking connections on a base or mil network.
      Or loo
    • They can search all of Gnutella live for people currently sharing filenames and/or hashes known to be illegal. Just like people and p2p indexers and really the whole goddamned internet.

      What does that mean? That Gnutella is operating like it should?

      Here's your API - search for anything that ends in jpg or mov or avi or whatever else. With the list of hashes you get back, see if you get any matches. If so, return the result.

      Law enforcement has piles of lists of hashes and filenames, and if a new p2p techn

  • Anyone got any r@ygold, hussyfan, babyshivid, pthc to trade? Meet on efnet #r@ygold

    I gets in trouble?

    Pffft its getting hard to get a decent fap now that the fappening is over... :-P

  • by Anonymice ( 1400397 ) on Sunday September 14, 2014 @07:00PM (#47904487)

    For anyone interested, the paper detailing the software (RoundUp) used in the dragnet can be found here: http://www.dfrws.org/2010/proc... [dfrws.org]

    RoundUp is a Java-based tool that allows for both local and collaborative investigations of the Gnutella network, implementing the principles and techniques described in the previous sections. RoundUp is a fork of the Phex Gnutella client, and it retains Phex’s graphical user interface. Our changes in creating RoundUp from Phex focused on three key areas: adding specific functionality to augment investigative interactions, exposing information of interest to investigators in the GUI, and automating reporting of this information in standard ways.

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