What Would the Founders Do?

Courthouse News

Michael Gasper stored child sexual abuse materials in his Snapchat account in violation of the terms of service, which warned that any detection of these materials would be removed and reported to the National Center for Missing & Exploited Children.

Andreas Rauch Sharak also stored child sexual abuse materials in his Google Photos account in violation of the terms of service, which contained the same warnings.

Both platforms used third party software to scan accounts and flagged suspected child sexual abuse materials. Snapchat sent the flagged files directly to NCMEC, while a Google employee viewed the file before reporting.

NCMEC reviewed the material and passed it to the Wisconsin Department of Justice for a policy analyst to review, without a warrant, and assign to the appropriate law enforcement agency. The agency then reviewed the files without a warrant and made arrests.

Both men attempted to suppress the files, arguing that their Fourth Amendment rights had been violated when government agents viewed the files without a warrant. More

7 Comments on What Would the Founders Do?

  1. The Founders would have taken action so much earlier most of what we are dealing with now never would have started! Remember, they rowed across the icy Delaware river, sneeked up on soldiers on Christmas Eve and shot them.

    17
  2. Some stupid, evil shyster psychopath would’ve bragged to the end of his days if he got these kiddie diddling scumbags off by finding a judges stupid enough to think a no kiddie porn TOS agreement was somehow “invalid” because of the 4th amendment. FFS, I HAAAAAAATE lawyers.

    10

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