Court OKs Seizure of iPhone Metadata to Track Child Porn

GALVESTON, Texas — Federal authorities lawfully seized iPhone metadata to locate a man accused of uploading child pornography, a federal court has ruled.

U.S. District Judge Gregg Costa declined last week to suppress evidence that was taken from an iPhone 4. That evidence included metadata to identify the GPS coordinates where the photo had been taken.

That metadata led FBI agents to the home of defendant Donald Post, who then admitted to taking that photo, as well as others, of a four-year-old girl who had recently stayed at his home.

Post contends that even though he had uploaded the image to a website, he retained a privacy interest in that image’s metadata that law enforcement invaded in violation of his Fourth Amendment rights.

The sexually explicit photo was posted on a website "primarily dedicated to the advertisement and distribution of child pornography and the discussion of matters pertinent to incest and pedophilia."

"Post's attempt to carve out the metadata from his public release of the image finds no support in the text of the Fourth Amendment or the case law applying it," Costa's wrote in his order.

Post "gave up his right to privacy in that image once he uploaded it to the Internet, and that thing he publicly disclosed contained the GPS coordinates that led agents to his home," Costa wrote.

"There is no basis for divvying up the image Post uploaded into portions that are now public and portions in which he retains a privacy interest," Costa wrote.

Tim Henning, ASACP's executive director, told XBIZ that he agreed with the judge's decision in the case.

"Firstly, once an image or video is uploaded to the Internet for public consumption, clearly there is little to no expectation of privacy," he said. "Secondly, not only does the image in this case depict a crime — the creation, transmission and publication of the image are also crimes. There should be no expectation of privacy while committing crimes.

"Thirdly, the technology of GPS tagging of images, also known as geotagging, on smartphones has been in use for years and can be turned off. Further, geotagging information embedded in an image can also be removed. The fact that the individual in question did not realize this is pure ingnorance.

"Thankfully, as in this case, at least some pedophiles are not very bright."

View child porn-metadata ruling

Related:  

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

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Show More