On Thu, Nov 29, 2012 at 2:06 PM, Patrick W. Gilmore <patrick@ianai.net> wrote:
On Nov 29, 2012, at 13:57 , William Herrin <bill@herrin.us> wrote:
On Thu, Nov 29, 2012 at 11:45 AM, Patrick W. Gilmore <patrick@ianai.net> wrote:
Do you think if the police found out child pr0n was being served from a starbux they wouldn't confiscate the equipment from that store?
I think if they took the cash registers too the Starbucks lawyer would be in court an hour later with a motion to quash in one hand and an offer of full cooperation in the other.
And if the sky were orange.... Any other non-sequitors? :)
All of Mr. Weber's equipment was seized. Last I checked the cash registers at Starbucks were networked computers too. Maybe your Starbucks is different. Mr. Weber lives in another jurisdiction, but in the U.S. the warrant is limited to material plausibly connected to the alleged crime. If the guy was shot with a 9mm and the warrant says "all firearms," it's unlawfully broad. The most it should be is "small calliber handguns" and not even that much if they know for sure it's a 9mm. If the police seize a shotgun and a couple of knives, they've overstepped. If the computer at IP:port:timestamp transmitted child porn, a warrant for "all computers" is also too broad. "Computers which use said IP address or which employ forensic countermeasures which prevent a ready determination whether they employed said IP address." And have a qualified technician on the search team, same as you would for any other material being searched. On the flip side, I think that if you're running a Tor node you'd better hope the police *want* your cooperation. If they don't your activity falls somewhere between criminal recklessness and criminal facilitation. Seriously, who do you think uses your Tor node? Whistle blowers exposing corruption and freedom loving libertarians? Fool. -- William D. Herrin ................ herrin@dirtside.com bill@herrin.us 3005 Crane Dr. ...................... Web: <http://bill.herrin.us/> Falls Church, VA 22042-3004