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

FSC 2026/2027 Board Members Announced

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

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Show More