Baseball Ruling Bolsters Online Privacy Rights

SACRAMENTO — A federal court ruling in the world of professional baseball may affect online privacy for people.

The 9th U.S. Circuit Court of Appeals ruled that federal agents acted improperly when they seized a list of 104 Major League baseball players who had tested for performance enhancing drugs.

Writing for the 9-2 majority, Judge Alex Kozinski said that the list must be destroyed, adding that the action “was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause.”

The decision marked a victory for the Major League Baseball Players Association, which opposed the probe.

"If the government had never unconstitutionally seized the tests results, there would never have been any leaks," said Elliot Peters, a lawyer for the MLBPA. In addition, the court criticized federal investigators for not calling on more trained technical professionals to narrow their search.

"The government doesn’t need instruction from the court as to what kind of employees to use to serve its own purposes; the representation in the warrant that computer personnel would be used to examine and segregate the data was obviously designed to reassure the issuing magistrate that the government wouldn’t sweep up large quantities of data in the hope of dredging up information it could not otherwise lawfully seize," the justices said.

Sportswriter Chris Chester pointed out the widespread implications this ruling has for privacy advocates.

"The judge issues a search warrant to get some information off of your computer, and they just happen to stumble on your porn stash or maybe some videos of a certain personal nature," he said. "Then the judge decides that the stuff they found is pertinent to the case, and suddenly you've got blown-up pictures of your manparts and a list of all the dirty websites you've visited being argued over by lawyers, all because you had your budget in an excel file or something similarly innocuous. Is that a world we really want to live in?"

Related:  

Copyright © 2024 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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Texas AG Ken Paxton Sues Chaturbate, xHamster Over Controversial Age Verification Law

Texas Attorney General Ken Paxton filed lawsuits on Tuesday against the parent companies of Chaturbate and xHamster, claiming that the sites are not complying with the state’s controversial age verification law, HB 1181.

GirlsDoPorn's Michael Pratt Extradited From Spain, Pleads 'Not Guilty'

Former GirlsDoPorn owner Michael Pratt made his first appearance in federal court Tuesday following his extradition from Spain Monday night, according to a statement released by the Department of Justice.

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Show More