I don't think they should be paid but I don't see it much different than seeing someone assault someone in the store. Again, not a full scan trying to find violations but witnessing a crime as part of your job. A law was broke so call the police. I personally think you lose your rights around search and privacy when you publicly give it to someone else. Even therapists and psychiatrists are allowed to break privacy when the patient is openly admitting to planning to assault/kill someone else. This is obviously a different seriousness but with a therapist there is an expectation of complete privacy.
It's about incentive. If you pay people underhand money for "finding" illegal imagery -- you will get more illegal imagery. It also gives massive amounts of power to a non officer. These charges are almost impossible to defend. With this type of charge hardcore prison... -- its probably better to commit suicide (guilty or not).
It also gives massive amounts of power to a non officer.
It actually doesn't, which is why this is an INCREDIBLY stupid move by the FBI.
Evidence submitted that was recovered by a private citizen of their own accord is admissible in court even if there was no search warrant issued or other illegal activity occurred to gain said evidence (breaking into somebodies house and finding CP on their computer doesn't give grounds for dismissal of the case, although the person who did the B&E could still be charged for said act). This is the private search doctrine, and it has well established case law.
However, just because you are not on government payroll you are not free from being considered a government agent. If a government employee actively encourages you or incentivizes you to perform a search you can (and likely will) be considered an agent of the government when evidence is submitted at trial - meaning the 4th amendment can be used to throw the case out since no search warrant was issued.
This case gives anybody who has been convicted and had evidence submitted by a Geek Squad employee grounds to appeal their case, or for active cases the charges dismissed. What was the FBI thinking?
Certainly possible, but now that the cat's out of the bag it may be possible to determine that such techniques were used depending on the specific case. If you had your computer worked on by Geek Squad and some time later find yourself sitting in court you may have valid reason to get a subpoena against any employee who touched your computer to find evidence of rewards from the government and try to prove parallel construction. Employees may think twice about engaging in such activities if they risk being called away to court.
The FBI generally doesn't stoop to techniques such as this however, that's more of a DEA thing (scummy bastards they are).
What you’re missing is that now they have an incentive to go looking for imagery when they should simply be trying to fix your computer. And maybe even an incentive to plant evidence.
Moreover, I don’t see any reason Geek Squad would need to be in my images folder in the course of working on my computer, and I’m sure that, child porn or not, most people probably wouldn’t want their private collection of pictures being sifted through without permission.
In this case there is more to the issue. The people who work for the Geek Squad are already paid for changing the state of the computer. Therefore, they are not reliable witnesses for pointing out illegal content on the computer, especially since they are profiting for doing so.
Spot on. At least the company should tell to the customers if there is fiduciary responsibility or otherwise have them sign a waiver to allow for file scan.
This is corporate surveillance as it finest.
It also allow for planting evidence and even blackmailing innocent people.
Comments
I don't think they should be paid but I don't see it much different than seeing someone assault someone in the store. Again, not a full scan trying to find violations but witnessing a crime as part of your job. A law was broke so call the police. I personally think you lose your rights around search and privacy when you publicly give it to someone else. Even therapists and psychiatrists are allowed to break privacy when the patient is openly admitting to planning to assault/kill someone else. This is obviously a different seriousness but with a therapist there is an expectation of complete privacy.
It's about incentive. If you pay people underhand money for "finding" illegal imagery -- you will get more illegal imagery. It also gives massive amounts of power to a non officer. These charges are almost impossible to defend. With this type of charge hardcore prison... -- its probably better to commit suicide (guilty or not).
It actually doesn't, which is why this is an INCREDIBLY stupid move by the FBI.
Evidence submitted that was recovered by a private citizen of their own accord is admissible in court even if there was no search warrant issued or other illegal activity occurred to gain said evidence (breaking into somebodies house and finding CP on their computer doesn't give grounds for dismissal of the case, although the person who did the B&E could still be charged for said act). This is the private search doctrine, and it has well established case law.
However, just because you are not on government payroll you are not free from being considered a government agent. If a government employee actively encourages you or incentivizes you to perform a search you can (and likely will) be considered an agent of the government when evidence is submitted at trial - meaning the 4th amendment can be used to throw the case out since no search warrant was issued.
This case gives anybody who has been convicted and had evidence submitted by a Geek Squad employee grounds to appeal their case, or for active cases the charges dismissed. What was the FBI thinking?
Parallel construction?
Certainly possible, but now that the cat's out of the bag it may be possible to determine that such techniques were used depending on the specific case. If you had your computer worked on by Geek Squad and some time later find yourself sitting in court you may have valid reason to get a subpoena against any employee who touched your computer to find evidence of rewards from the government and try to prove parallel construction. Employees may think twice about engaging in such activities if they risk being called away to court.
The FBI generally doesn't stoop to techniques such as this however, that's more of a DEA thing (scummy bastards they are).
What you’re missing is that now they have an incentive to go looking for imagery when they should simply be trying to fix your computer. And maybe even an incentive to plant evidence.
Moreover, I don’t see any reason Geek Squad would need to be in my images folder in the course of working on my computer, and I’m sure that, child porn or not, most people probably wouldn’t want their private collection of pictures being sifted through without permission.
In this case there is more to the issue. The people who work for the Geek Squad are already paid for changing the state of the computer. Therefore, they are not reliable witnesses for pointing out illegal content on the computer, especially since they are profiting for doing so.
It is completely different because the Geek Squad employee has a fiduciary responsibility to the customer who left their computer for repair.
They don’t have any responsibility to protect you from law enforcement.
They don’t have a fiduciary responsibility. But even if they did, reporting a crime isn’t a breach of that duty.
Spot on. At least the company should tell to the customers if there is fiduciary responsibility or otherwise have them sign a waiver to allow for file scan.
This is corporate surveillance as it finest. It also allow for planting evidence and even blackmailing innocent people.
And that customer broke that responsibility first when giving the Geek Squad employee illegal materials.
I don't think you understand what a fiduciary responsibility is.