Hackers Bypass 4th Amendment

[Major Variola (ret)]

At 01:23 AM 8/2/03 -0700, Eric Cordian wrote:
>OK - Here's a really dumb decision which shows how willing the courts
are
>to shred the Constitution.  Just to make sure that Puritans don't have
to
>worry that someone, somewhere, is looking at a picture of someone under

>18, and touching themselves improperly.
>
>http://news.com.com/2100-1029_3-5058835.html
>
>Apparently, criminals can break into your home, and look for evidence
of
>illegal activity and thoughtcrime, and if they find it or even plant it

>themselves, they can give it to the police, not be prosecuted for
breaking
>in, and it can be used as evidence against you.  No problem with
obtaining
>those pesky search warrants from the handy rotary tear-off dispenser in

>the Judge's chambers any more.  No indeed.
>
>-----
>
>Judges OK evidence from hacker vigilante
>By Lisa M. Bowman
>Staff Writer, CNET News.com
>August 1, 2003, 10:22 AM PT
>
> [Comments in [] are mine.  -emc]
>
>A federal appeals panel ruled this week that the government did not
>violate search and seizure laws when it used evidence that a hacker
>gathered to establish a child pornography case.

Interesting, because in Calif some hacker-discovered kiddy prawns were
tossed out on 4th violations.  Perhaps this will go to higher courts.

Evidence Barred in Ex-O.C. Judge's Child-Porn Case
Writings and photos were illegally obtained from Ronald Kline's
computer, court rules.

By Christine Hanley, Times Staff Writer

A federal judge on Tuesday threw out most of the key evidence in a
high-profile child pornography case against a former Orange County
judge,
ruling that sexually explicit diary entries and photos were discovered
after
illegal computer searches by a Canadian hacker who was working for
police.

The ruling could undermine much of the case against Ronald C. Kline,
whose
arrest drew national attention and ultimately resulted in the judge
dropping his
bid for reelection.
http://www.latimes.com/news/local/la-me-kline18jun18120422,1,5845207.story

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"To the electron -- may it
never be of any use to
anybody." -- JJ. Thomson's
favorite toast