EFF Files Amicus in Computer Privacy Case

SAN FRANCISCO – In support of a computer owner whose hard drive contents were handed over to authorities by a Gateway technician during a routine maintenance job, the Electronic Frontier Foundation filed a friend-of-the-court brief in support of Robert Westbrook crying foul over a violation of constitutionally protected privacy rights.

In October 2003, Westbrook sent his computer to Gateway for servicing, during which a technician discovered images of child pornography in some of his files. Gateway called the police and the officer who arrived on the scene examined the hard drive prior to obtaining a warrant. Before Westbrook could blink, he found himself facing charges of child porn possession.

Earlier this year, a trial court dismissed the case and suppressed all evidence obtained from the warrantless search of Westbrook’s computer, although the case is being appealed in the Washington state Court of Appeals and the EFF is urging the court not to overturn that decision.

EFF is arguing that citizens have a reasonable expectation of privacy in the contents of their computers, and that their Fourth Amendment rights don't disappear when a computer is delivered to a technician for servicing.

“Allowing computer technicians to snoop on people's private data is like putting surveillance cameras in dressing rooms,” EFF Staff Attorney Kurt Opsahl said. “The violation of so many people's privacy far outweighs any benefits that might be gained. It would mean you couldn't use a personal computer for personal business."

In a separate case, a court of appeals held that a woman had an objectively reasonable expectation to privacy when it comes to the contents of her purse, which, similar to a hard drive, serves as a repository for personal, private effects.

“A personal computer may contain a world of very private and potentially embarrassing information: a diary, an archive of personal and business emails, tax returns and an almost infinite range of other materials,” the amicus stated. “It even contains much more information than you didn’t even know existed, such as web surfing records indicating every website you visited and every search engine query you entered for the past 12 months.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Taliban Restricts Access to Adult Content by Shutting Down Internet

The Taliban has shut down internet access across a large portion of Afghanistan in a move to prevent what it deems "immoral activities."

Go.cam Launches Video Spoofing Protection

Go.cam has announced that its verification solution now features security against video spoofing.

SexLikeReal Releases 'VR Self-Care' Guide

SexLikeReal (SLR) has published a blog post spotlighting “VR Self-Care.”

Brady Mills Agency to Launch 'AgeWallet' Subscription AV Solution

Tech company Brady Mills Agency announced that its subscription-based merchant age verification solution, AgeWallet, will launch in November.

EU Advocate General: France Can Require Foreign Sites to Implement AV

An advocate general of the European Union’s Court of Justice on Thursday advised the court to rule that France may require pornographic websites based in other EU states to implement age verification in accordance with French law.

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Show More