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 © 2026 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

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Show More