Would anyone expect a court to buy this argument?
Well, kiddie porn file sharer Charles Borowy made a similar argument, and the Ninth Circuit didn't buy it in United States v. Borowy, 09-10064, decided today. He installed software for a file sharing service on his computer, and he tried but failed to engage a privacy feature. So the whole world could see his kiddie porn, and an FBI agent did. "Borowy's subjective intention not to share his files did not create an objectively reasonable expectation of privacy in the face of such widespread public access."
The police violated my right to privacy by looking in my open window. I had demonstrated an expectation of privacy by installing blinds, even though I left them open on this occasion.Of course not. The cop can't know if you left the blinds open on purpose or inadvertently. If you expose something to public view, there is no violation in the police seeing what you have exposed, along with everyone else who happens to look.
Well, kiddie porn file sharer Charles Borowy made a similar argument, and the Ninth Circuit didn't buy it in United States v. Borowy, 09-10064, decided today. He installed software for a file sharing service on his computer, and he tried but failed to engage a privacy feature. So the whole world could see his kiddie porn, and an FBI agent did. "Borowy's subjective intention not to share his files did not create an objectively reasonable expectation of privacy in the face of such widespread public access."
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