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 © 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

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

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

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Show More