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Just because the site owner is within reach does not make him liable.
If the Feds are going to grab anyone it's going to have to be the person that actually posted the information.
In this case, the web owner was fully aware of what was posted on his site.
The feds grabbed Jim McDermott for passing on taped phone calls of Newt Gingrich. It’s pretty much the same thing. The site owner was fully aware of what was going on. O’Reilly says that anyone who down loaded the private information can also be liable.