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

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Show More