Comments on: Delete Your Porns: Court Says You Have No Right To Privacy When Your Computer Is Repaired https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/ Fri, 23 Sep 2016 19:39:55 +0000 hourly 1 http://wordpress.com/ By: RvLeshrac https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218890 Wed, 26 Dec 2007 12:39:02 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218890

@Valhawk:

One can only hope…

Of course, with people like Blackneto around, we’re just going to sink further and further into a fascist state.

Maybe McCarthy was right, and it was just his methods that were horrible. Maybe we’re turning into a Soviet country, where everyone is expected to report their neighbors for any offense, real or imagined, to the state.

Maybe we’ll wind up with new programs in place to encourage it, just like Soviet Russia! Turn in your neighbor, you get to keep their house!

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By: Valhawk https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218889 Sun, 23 Dec 2007 13:47:54 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218889

This is why I’m so glad my laptop has an easily removable hard drive.

Also I sense a Lawsuit against the techs brewing.

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By: Blackneto https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218888 Sun, 23 Dec 2007 01:58:33 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218888 @RvLeshrac: I think you are missing the point.
I don’t care how the heck the files get on their computer.
It’s not my responsibility to decide.
I’m not going to plant a file. None of my colleagues that I’ve worked with over the years is going to. The assertion that some random tech is going to waste their time hunting up nasty pictures of little kids just to frame somebody is really a stretch.
What is my responsibility, and my duty under law, is to report to the authorities if i find CP on a computer and let them handle it.
Truthfully, I don’t care what happens to the owner of the computer.
It won’t be me that is wrongfully accusing them if the charges brought by the authorities are false.
In a situation like this, My company, my reputation, my children’s right to have their father around is more important than someone else.
And all the claims about somebody possibly planting evidence are ridiculous.
The forensics that the folks who investigate these things with can reasonably determine the source of them material in question.
As I indicated before I’d rather lose my business due to a decision to do what’s right than try to protect it out of fear.

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By: RvLeshrac https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218887 Sat, 22 Dec 2007 17:56:49 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218887

@Blackneto:

And if the tech ‘turns in’ someone after planting a file, how exactly do you propose the innocent individual defends themselves? It is perfectly easy to turn the date back on the machine to generate a false time/date-stamp.

How do you propose that an innocent person who is the victim of a botnet of some sort defend themselves? Hiring a security consultant can take far more money than most people (or government-provided indigent services) have.

What if that person is the victim of a third-party who planted the images for just such an opportunity? All you need to do now is plant a few bad images and then cause a problem with the machine (many, many ways to cause a machine to stop booting, most people will take it to a repair shop rather than do a simple restore themselves, or perhaps they need the data on the machine).

Haven’t exactly hit the article, but if this is the one I remember, the guy threw in a guilty plea. Unfortunately, we’ll have to wait until someone innocent is tossed in jail and has their life utterly and completely ruined by a sex-offender registry before people like you give a damn.

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By: ppiddyp https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218886 Fri, 21 Dec 2007 23:22:15 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218886 Just to reiterate what others have mentioned: does this mean they can just take credit card numbers from your computer and post them on the web?

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By: trollkiller https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218885 Fri, 21 Dec 2007 12:58:10 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218885 I just finished reading the ruling [www.superior.court.state.pa.us]
While I agree with the court they just went way around the horn to get there.

The guy has no expectation of privacy on the videos because burning a video off of the hard drive is a reasonable way to test the burner. If the tech had opened a word document instead, Mr. Pervert may have a case against Circuit City and/or the employee but not the police.

Based on what the tech showed and told the police, they had probable cause to seize the computer based on well established rulings. A police officer can seize property if there is a reasonable belief that a crime has been committed and the evidence can be destroyed or hidden before a warrant can be issued.

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By: Blackneto https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218884 Fri, 21 Dec 2007 11:01:44 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218884 @RvLeshrac:
Go right ahead and sue.
I’d rather lose the business than break the law by not reporting obvious child pornography.

In civil court you would have to prove that i acted maliciously to defame you.
You would also have to prove that I was out of bounds in the way i found the file because it wouldn’t just be the file i turn in. Procedure is to leave the computer alone and call the cops when something like this is found. Then they decide what to do from there according to their procedure’s.
And normally this includes me giving a sworn statement for the criminal case that is to follow stating why i had the computer, what procedure was i performing and how i came across that file.
My attorney would have this statement admitted in the civil suit as evidence for my defense.

On the flip side, say i don’t report it and a weasel like you gets busted later for diddling little kids. They find kiddy porn on your computer and you say i put it there when you brought your computer in for service.
Now my business is shut down while it’s investigated and my customers are inconvieniced or outraged and my reputation is on the line for breaking the law.

I think I’ll just stick to my standards.

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By: RvLeshrac https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218883 Fri, 21 Dec 2007 09:40:38 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218883

@Blackneto:

And when you take my strangely named “XXX Underage 14yr old XXX.AVI” and turn it in, and it turns out to just be a video of my grandmother’s birthday party, I get to sue your ass off for all of the legal fees, damage to my reputation, and psychological trauma of having people think I’m a kiddie porn peddler.

Sounds like a good idea, I need to start a campaign of entrapping you tools who insist on sticking your noses where it doesn’t belong.

If there’s a human life involved, if you find something that clearly implicates the owner in a kidnapping, for example, there may be call for extraordinary action. But short of extraordinarily off-the-wall situations like that, you are not a super-spy, and you need to keep your little weasel mouth shut.

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By: RvLeshrac https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218882 Fri, 21 Dec 2007 09:36:43 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218882

@macshasta:

Roger that.

If your porn isn’t covered by a ‘reasonable expectation of privacy,’ what’s next? Can you suddenly not sue someone for taking your company’s trade secrets because you checked your PC in for repair?

And with regard to legal documents, is attorney/client privilege suddenly thrown out the window because a lawyer had to have his PC repaired?

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By: ceriphim https://consumerist.com/2007/12/20/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired/#comment-218881 Fri, 21 Dec 2007 08:46:46 +0000 http://consumerist.com/2007/12/delete-your-porns-court-says-you-have-no-right-to-privacy-when-your-computer-is-repaired.html#comment-218881 It’s funny how people are stoked when the child pornographer is caught but pissed when they find out someone’s copying their own porn…

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