Court: Presence of Encryption Software Shows Criminal Intent

ST. PAUL, Minn. — A ruling by the state Court of Appeals this week said that the presence of encryption software could be interpreted as evidence of criminal intent, at least in Minnesota, even if it was not used in relation to the crime.

Some within the technology community worry that the ruling could establish a precedent that using — or even merely having — encryption programs could be admitted as criminal intent.

“What’s scary… is how easy this ruling could be applied in other cases,” Techdirt CEO Mike Masnick said. “If you’re accused of any computer crime, and you happen to use PGP (Pretty Good Privacy) for legitimate purposes, just having it can be used against you in court.”

The case involved former third grade teacher Ari David Levie, who had been convicted by a lower court on two counts of soliciting a child to engage in sexual conduct when he offered his nine-year-old niece $50 to pose naked for photographs.

During court proceedings, the prosecution presented as evidence the fact that Levie’s computer contained a PGP utility. The court in its findings said that it used this evidence in reaching its verdict.

However, a forensic investigation by police showed that there were no encrypted files on Levie’s computer.

Levie’s lawyers appealed on the basis that the use of “evidence” totally unrelated to the case prejudiced the lower court.

The Court of Appeals rejected that argument, saying that other evidence against Levie — including multiple Internet searches for “lolitas” — was so overwhelming that one relatively minor aspect of the prosecution’s case should not be used to overturn the conviction.

The appeals court further said that the trial judge was correct to consider the PGP evidence when handing down a guilty verdict.

"We find that evidence of appellant's Internet use and the existence of an encryption program on his computer was at least somewhat relevant to the state's case against him," Judge R.A. Randall said.

However, the appellate court did acknowledge that the case was flawed and sent it back to a lower court for resentencing.

Judge Thomas Bibus had convicted Levie of two counts of attempted use of a minor in a sexual performance and two counts of solicitation of a child to engage in sexual conduct. The appeals court reversed the two convictions for attempted use of a minor, upheld the two solicitation convictions, and sent the case back to Bibus for a new sentence.

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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Show More