U.S. Appeals Court Delivers Key Ruling on PC Privacy at Work

SAN FRANCISCO — A federal appeals court has ruled that an employee whose office was not shared with coworkers and was kept locked had a reasonable expectation of privacy in his workplace computer.

But the 9th U.S Circuit Court of Appeals also said in an opinion published Wednesday that the employee’s 4th Amendment right wasn’t violated when a warrantless search turned up a history of child porn visits on the company PC.

Employee Brian Ziegler, who worked for third-party online processor Frontline Processing, had appealed to the higher court after he failed to win a motion to suppress evidence from the U.S. District Court over his 2001 arrest by the FBI.

(A Frontline executive told XBIZ that the Montana-based company does not process online adult accounts.)

Ziegler came to the agency’s attention when the owner of Frontline’s ISP notified the FBI that a Frontline employee had visited child porn websites from a workplace computer, court documents said.

Ziegler, who was the company’s director of operations, pled not guilty and moved to suppress the images retrieved from the search of his workplace computer after being indicted on charges of receiving and possessing child porn in May 2003.

In court documents, Frontline employees said they obtained a key to Ziegler’s private office from a Frontline executive and opened the computer, making two copies of the hard drive.

Later, the employees voluntarily turned over the content to the FBI, explaining that all of the company-owned PCs in the office were routinely monitored.

The FBI explained in a court filing that because the company voluntarily turned over the PC, which had numerous cache images of child porn, it had no need to ask for a search warrant.

On rehearing, the 9th Circuit said that the federal judge was correct in denying the motion to suppress evidence, but the three-judge panel arrived at the conclusion on different grounds from U.S. District Court.

The circuit judges said that Ziegler did have a reasonable expectation of privacy in his office and workplace computer, but the search of his workplace computer was excepted from the constitutional warrant requirement because it was authorized by an officer of the company.

Judge Diarmuid F. O’Scannlain, who wrote for the panel, explained in the ruling that warrantless searches are valid where the government obtains voluntary consent either from the criminal suspect or from a third party with “common authority” over the premises or items the government seeks to inspect.

O’Scannlain also said that Frontline exercised common authority over Ziegler’s computer because it had complete administrative access to all of its employees’ computers and, with employees’ knowledge, had installed a firewall to monitor their Internet traffic.

“Although Ziegler retained a legitimate expectation of privacy in his workplace office, Frontline retained the ability to consent to a search of Ziegler’s office and his business computer. And because valid third-party consent to search the office and computer located therein was given by his employer, the district court’s order denying suppression of the evidence of child pornography existing on Ziegler’s computer is affirmed.”

The case is U.S. vs. Ziegler, 05-30177.

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

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

FSC Announces Board of Directors Election Results

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

Show More