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.

5 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.

  3. Classic rock is about heavy hooks, power chords and tight harmonies. But it’s also about letting loose and enjoying the good times — and there’s no better time for that than Friday evening, when we pick up our paycheck, punch out of work and enjoy a couple days of much-needed rest and relaxation.
    On the other hand, sometimes rest and relaxation isn’t what the weekend calls for; sometimes we need to head out for a little adventure — which often leads to misadventure, as many of Warren Zevon‘s classic records illustrate. Case in point: ‘Lawyers, Guns & Money,’ the splendidly unrepentant ode to rotten luck and worse behavior that closes out Zevon’s 1978 ‘Excitable Boy’ LP.
    Inspired by Cold War paranoia, Zevon framed his protagonist’s charmingly sleazy behavior in an espionage setting. Unlike a lot of his songs’ narrators, the guy telling ‘Lawyers, Guns & Money”s story is a globetrotting secret agent rather than a garden-variety barfly. The result is more exotic locations (including Cuba and Honduras) and higher stakes, all serving as backdrop for Zevon’s favorite narrative arc: thoughtless mistakes leading to panicked and often eloquent regret.
    Opening with the perfectly Zevonesque line “I went home with the waitress / The way I always do”, the song goes on to list its narrator’s various errors and increasingly desperate circumstances, pausing to offer a halfhearted apology between repeated requests for lawyers, guns and money: “I’m the innocent bystander / Somehow I got stuck / Between the rock and a hard place / And I’m down on my luck.” Few of us have had to flee Havana after overplaying our hand at a seedy casino, but most of us have been stuck in that dark spot Zevon describes, and it’s a lot less fun than ‘Lawyers, Guns & Money’ makes it sound.
    So keep that in mind while you’re suiting up for fun this Friday, and remember to think twice before taking that member of the bar staff home or placing that last bet at the poker table. And in the meantime, you can shave a few minutes off the work day by hitting ‘play’ on the live version of ‘Lawyers, Guns & Money’ above, turning up the volume and letting the weekend … start … now.

    Read More: Weekend Songs: Warren Zevon, ‘Lawyers, Guns & Money’ |

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