New case about expectation of privacy (4th Amendment) and P2P networks

Jay Leiderman
By: Jay Leiderman
November 07 2016

Defendant had no 4th Amendment reasonable expectation of privacy in his shared folder associated with the P2P (peer-to-peer) network. (312) (425)
The evidence leading to defendant’s arrest was obtained when police used software that targets peer-to-peer file-sharing networks to identify IP addresses associated with known digital files of child pornography. Defendant argued the use of this software violated his Fourth Amendment rights by infringing on his reasonable expectation of privacy on his computer. However, defendant had no reasonable expectation of privacy in his shared folder associated with peer-to-peer network.
People v. Evensen ____ Cal.App.4th ____, ____ Cal.Rptr.3d ____, 2016 D.A.R 10784 (1st Dist. 2016) October 27, 2016 (A145162)


What is P2P or peer-to-peer?

A typical computer network as compared with a P2P (peer-to-peer) network

In its simplest form, a peer-to-peer (P2P) network is created when two or more PCs are connected and share resources without going through a separate server computer. A P2P network can be an ad hoc connection—a couple of computers connected via a Universal Serial Bus (USB) to transfer files. From

Peer-to-peer (P2P) is a decentralized communications model in which each party has the same capabilities and either party can initiate a communication session. Unlike the client/server model, in which the client makes a service request and the server fulfills the request, the P2P network model allows each node to function as both a client and server. from

The original peer to peer network was Napster.  Popular P2P networks since then have been LimeWire, uTorrent, BitTorrent, Pando and Emule, to name just a few.

4 thoughts on “New case about expectation of privacy (4th Amendment) and P2P networks

  1. “But our society — unlike most in the world — presupposes that freedom and
    liberty are in a frame of reference that makes the individual, not government,
    the keeper of his tastes, beliefs, and ideas; that is the philosophy of the
    First Amendment; and it is this article of faith that sets us apart from most
    nations in the world.”
    William O. Douglas
    (1898-1980), U. S. Supreme Court Justice
    Source: dissenting, Paris Adult Theatre I v. Slaton

  2. “There Ain’t No Good Chain Gang,” Waylon Jennings and Johnny Cash (1978)
    Here we have a sarcastically reassuring note from the jailbird to the folks back home, letting his mama and papa know he’s learning a lot in the lockup: “Things like there ain’t no good in an evil-hearted woman/And I ain’t cut out to be no Jesse James/And you don’t go writin’ hot checks down in Mississippi/And there ain’t no good chain gang.” Ah, education. It’s something they can’t away from you.

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