International Law

EFF Challenges Illegal Computer Seizure and Ongoing Data Searches by Campus Police

By Handakte

A Boston College computer science student has asked a Massachusetts court to quash an invalid search warrant for his dorm room that resulted in campus police illegally seizing several computers, an iPod, a cell phone, and other technology.

The Electronic Frontier Foundation (EFF) is representing the student, who has petitioned the court for the immediate return of his property and is demanding that investigators be prohibited from any further searches or analysis of his digital data. Massachusetts State Police participated in the search and are overseeing the forensic analysis of the seized property.

“This search warrant is invalid, as there is no probable cause that a crime was committed at all,” said EFF Civil Liberties Director Jennifer Granick. “Every day this student’s private information is in the hands of the police department, he suffers harm to his property interests and his constitutional rights.”

The dorm room search stemmed from an investigation into who sent an email to a Boston College mailing list alleging that another student was gay. Police say they know who sent the email and that the sender committed the crimes of “obtaining computer services by fraud or misrepresentation” and obtaining “unauthorized access to a computer system.” However, nothing presented by the investigating officer to obtain the warrant, including the allegation that the student sent the email to the mailing list, could constitute the cited criminal offenses. (…)

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Full post as published by Handakte WebLAWg on April 18, 2009 (boomark / email).