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posted by janrinok on Wednesday September 17 2014, @12:13PM   Printer-friendly
from the gotta-play-by-the-rules-and-thems-the-rules dept.

AP reports that a federal appeals court has overturned a civilian's conviction for possessing and distributing child pornography because he was found out by a military investigator who used a high-powered software program in 2010 to search computers throughout the state of Washington. When the program picked up two child porn images and a video, the agent contacted the FBI, which tracked down the suspect's name and address. The naval office then got in touch with local police, who obtained a search warrant. The Department of Homeland Security later got a federal search warrant, and the suspect was charged in federal court.

When the search was challenged, the government argued that the search was justified because there are military bases in the greater Seattle area, and it's a crime for military members to distribute child pornography. Those actions, the three-judge panel said, violated the Posse Comitatus Act, the 1878 law that prohibits the U.S. military from taking part in civilian law enforcement activities. The ruling said the search was so sweeping, it shows "a profound lack of regard for the important limitations on the role of the military in our civilian society." It noted "abundant evidence" that the Navy frequently hacks into civilian computers to search for evidence of child pornography and turn it over to the police if the computer owner has no relation to the military. "This is, literally, the militarization of the police," says defense attorney Erik Levin. "They have enough funding that they can go out and stray from the core mission of national security and get into local law enforcement."

 
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  • (Score: 2, Interesting) by Anonymous Coward on Wednesday September 17 2014, @12:55PM

    by Anonymous Coward on Wednesday September 17 2014, @12:55PM (#94517)

    Repeatedly cut their budget until they stop spending it on actions outside their scope.

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  • (Score: 2, Insightful) by Ethanol-fueled on Wednesday September 17 2014, @01:08PM

    by Ethanol-fueled (2792) on Wednesday September 17 2014, @01:08PM (#94523) Homepage

    Parallel construction -- it's no longer just your friendly NSA.

  • (Score: 1) by Tanuki64 on Wednesday September 17 2014, @01:16PM

    by Tanuki64 (4712) on Wednesday September 17 2014, @01:16PM (#94528)

    Careful what you say... Just because you hide behind 'Anonymous Coward' you think you are safe? Think again... This time I let it slip and only add you to the 'no fly list', but next time....

    • (Score: 0) by Anonymous Coward on Wednesday September 17 2014, @01:25PM

      by Anonymous Coward on Wednesday September 17 2014, @01:25PM (#94534)
      Surely you are joking. You'd have a "duplicate record" error if you weren't. (oh wait I am a different AC, scrap that)
      • (Score: 1) by Horse With Stripes on Wednesday September 17 2014, @01:51PM

        by Horse With Stripes (577) on Wednesday September 17 2014, @01:51PM (#94546)

        Duplicate record errors are the domain of the department of redundancy department. They are generated every time they do anything. We'll just file another report with them and wait for the appropriate error result.

        • (Score: 2) by Alfred on Wednesday September 17 2014, @02:20PM

          by Alfred (4006) on Wednesday September 17 2014, @02:20PM (#94557) Journal
          And paid by the hour to wait for that report. Good thing they have windows solitaire and smartphone for the wait time.