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Criminal Law

: Fourth Amendment

CA4: No reasonable expectation of privacy in subscriber info with ISP

By John Wesley Hall, Jr.

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An FBI Agent trolling in a Yahoo! child pornography chat room was able to tell that "markie_zkidluv6" had uploaded child porn. An administrative subpoena was served on Yahoo! for the subscriber information, and information was used to get a search warrant for Bynum's a/k/a "markie_zkidluv6"'s house. There manifestly is no reasonable expectation of privacy in one's subscriber information with an internet service provider. Also minor date discrepancies in the affidavit for the search warrant were not material to the finding of probable cause from the fact of the uploads to his IP address. United States v. Bynum, 08-4207 (4th Cir. May 5, 2010): First, Bynum contends that the Government’s use of "secret" administrative subpoenas violated his Fourth Amendment rights...continue to full post

Full post as published by Fourth Amendment on May 10, 2010 (boomark / email).

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