We handle lots of federal cases involving supposedly illegal activity over the Internet, which means some of our clients are far from our offices here in Atlanta. Because of that, we try to pay attention even when a federal criminal case is far away, such as the recent ruling by the Court of Appeals in California that invalidated a federal criminal conviction because of an illegal search. What really piqued my interest is that the case is yet another example of the trend where judges are becoming ever more suspicious of Internet-based surveillance techniques that lead to evidence of a crime. The Court was especially vexed because a military investigator in Georgia used the Navy’s vast resources basically to investigate a local crime in Washington State, which led to Michael Dreyer’s indictment and conviction in federal court. The opinion is here.
The federal Naval Investigator was working undercover from his office in lovely Brunswick, Ga. He signed on to a large file-sharing network sometimes used by traders in child pornography, using a special computer program called RoundUp. The agent then scanned computer activity by the network’s members in the state of Washington, regardless as to whether the computer was being used by anyone in military. Finding a computer that had child pornography, the agent downloaded some photos and forwarded the material to local investigators who then got search warrants which led to federal criminal charges against Mr. Dreyer.