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Criminal Law

: Fourth Amendment

E.D.Tenn.: No REP in all files on company server, except defendant's own

By John Wesley Hall, Jr.

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In an economic espionage case, the defendant had no standing in a computer server that he had only some access to store his own files and no access to many files of others. He did have standing in his own files that were password protected. United States v. Roberts, 2009 U.S. Dist. LEXIS 123188 (E.D. Tenn. December 21, 2009): In so finding, the Court is guided by the decision of the District Court for the District of Connecticut, which held that while a supervisor had a reasonable expectation of privacy in his own work area and in other areas in which he worked, he had no reasonable expectation of privacy in data on computers other than that on his own desk. United States v. Costin, No. 3:05-CR-38, 2006 WL 2522377, *6 (D. Conn. July 31, 2006)...continue to full post

Full post as published by Fourth Amendment on January 17, 2010 (boomark / email).

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