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

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Show More