[IP] more on Police Blotter: Laptop border searches OK'd
Begin forwarded message:
From: "Brock N. Meeks" <bmeeks@xxxxxxx>
Date: July 27, 2006 5:17:35 PM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on Police Blotter: Laptop border searches OK'd
I'm glad that Lauren brought this up. I'm certainly no lawyer, but I've
covered enough trials to have learned a thing or two. And it seems
to me
that any defense attorney could reasonable argue that any such cached
images
can't be attributed to his client with any certainty.
Unless the accused says, "this laptop has never, ever been used by
anyone
else and has never been out of my possession," how can any court of
law say
with any degree of certainty that anything in a browser cache was
looked at
by the owner of the laptop?!
Perhaps it was his twisted brother or his demented boss, before
passing the
laptop on to him (at MSNBC, where I used to work, for example, we were
routinely given laptops that had been used by four or five others,
especially when we went on field assignments).
Under this ruling, am I now responsible for my brother's or boss's or
co-workers cache?
--Brock
On 7/27/06 4:03 PM, "David Farber" <dave@xxxxxxxxxx> wrote:
Begin forwarded message:
From: Lauren Weinstein <lauren@xxxxxxxxxx>
Date: July 27, 2006 4:02:42 PM EDT
To: dave@xxxxxxxxxx
Cc: lauren@xxxxxxxxxx
Subject: Re: [IP] more on Police Blotter: Laptop border searches OK'd
The decision includes a reliance on the defendant having control of
the images in the cache by having "enlarged" at least one of the
images in the cache -- they note that the defendant clicked on some
thumbnail images that were in the cache to enlarge them. Except,
that's not the way the web works ...
Dave, it's also the case that browsers may access pages through
"prefetch" behaviors without the knowledge of the user, and without
the user ever having seen the pages in question. See my IP
discussion (from about a year ago) about this relating to Google
output results and Mozilla/Firefox browsers:
http://lists.elistx.com/archives/interesting-people/200506/
msg00190.html
http://lists.elistx.com/archives/interesting-people/200506/
msg00212.html
--Lauren--
Lauren Weinstein
lauren@xxxxxxxxxx or lauren@xxxxxxxx
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
- People For Internet Responsibility - http://www.pfir.org
Co-Founder, IOIC
- International Open Internet Coalition - http://www.ioic.net
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com
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