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Court rules against man in porn-at-work case
Reuters ^ | 8/8/6

Posted on 08/08/2006 1:11:28 PM PDT by SmithL

AN FRANCISCO (Reuters) - A Montana man who used his work computer to access child pornography does not have a reasonable expectation of privacy that would bar a search of the machine, a U.S. federal appeals court ruled on Tuesday.

Jeffrey Ziegler had argued that his Fourth Amendment rights against unreasonable searches and seizures should prevent the government from using evidence that he had viewed many images of child pornography at work.

The U.S. 9th Circuit Court of Appeals based in San Francisco cited similar past cases and found that even if some people lament the lack of privacy at work, the law was against Ziegler.

"Social norms suggest that employees are not entitled to privacy in the use of workplace computers, which belong to their employers and pose significant dangers in terms of diminished productivity and even employer liability," Diarmuid O'Scannlain wrote for a three-judge panel.

"Employer monitoring is largely an assumed practice, and thus we think a disseminated computer-use policy is entirely sufficient to defeat any expectation that an employee might nonetheless harbor."


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: 9thcircus; computerprivacy; pornatwork; privacy

1 posted on 08/08/2006 1:11:30 PM PDT by SmithL
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To: SmithL
Be still my beating heart - You mean the 9th Circus got one right again???
2 posted on 08/08/2006 1:13:20 PM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: SmithL

Wow, how about that 9th circus?

Please tell me the ACLU took up this guy's case and lost it in front of their sugar daddies in SF. That would be the best..news...ever!


3 posted on 08/08/2006 1:14:34 PM PDT by BaBaStooey (I heart Emma Caulfield.)
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To: BaBaStooey
My cubicle is my castle.
4 posted on 08/08/2006 1:16:41 PM PDT by carumba (The secret of life is honesty and fair dealing. If you can fake that, you've got it made. Groucho)
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To: SmithL
The computer belongs to the company. It's not yours. They can monitor your use, take it from you, scan it, whatever.

People need to get a clue. ...in fact, get two. They're small.

5 posted on 08/08/2006 1:17:15 PM PDT by TChris (Banning DDT wasn't about birds. It was about power.)
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To: Abathar

Amazing...Evidently Judge Reinhardt wasn't one of the three judges.


6 posted on 08/08/2006 1:18:09 PM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: carumba
My cubicle is my castle

Cubism

7 posted on 08/08/2006 1:21:19 PM PDT by ASA Vet (3.03)
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To: ASA Vet

lol


8 posted on 08/08/2006 1:31:27 PM PDT by martin_fierro (< |:)~)
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To: SmithL
Jeffrey Ziegler had argued that his Fourth Amendment rights against unreasonable searches and seizures should prevent the government from using evidence that he had viewed many images of child pornography at work.

Not only is he a sick SOB, he's a stupid, sick SOB.

9 posted on 08/08/2006 1:37:38 PM PDT by GATOR NAVY
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To: jazusamo
This guy?


10 posted on 08/08/2006 1:39:16 PM PDT by RockinRight (She rocks my world, and I rock her world.)
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To: Abathar
You mean the 9th Circus got one right again???

Well, maybe the judges just wanted to do a careful "examination"
of the evidence.
In private, of course.
11 posted on 08/08/2006 1:44:02 PM PDT by VOA
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To: SmithL

what was the vote 3-0 or 2-1???


12 posted on 08/08/2006 1:50:00 PM PDT by camas
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To: RockinRight

The pic isn't coming up but Reinhardt is the looniest left wing judge in the 9th Circuit and that's saying something.


13 posted on 08/08/2006 1:56:18 PM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: Abathar

Even a stopped clock is right twice a day!

Seriously, I can't help but to wonder if they rule with some brains every so often just to keep folks from thinking they are 100% stupid...


14 posted on 08/08/2006 2:09:48 PM PDT by TheBattman (Islam (and liberalism)- the cult of a Cancer on Society)
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To: TChris
The computer belongs to the company.

So what? That doesn't mean government agents can come in and search it for evidence of crime anytime they want. The government needs the owner's consent. The opinion is dead wrong.

15 posted on 08/09/2006 11:31:56 PM PDT by Sandy
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