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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."
(Score: 2) by frojack on Wednesday September 17 2014, @06:20PM
This isn't about the NAVY per say.
In fact I'm amazed the Judge made this ruling, as there is evidence that NCIS is not JUST a military organization [wikipedia.org] any more.
In 2000, Congress granted NCIS civilian special agents authority to execute warrants and make arrests. Virtually all NCIS investigators, criminal, counterintelligence, and force protection personnel are now sworn civilian personnel with powers of arrest and warrant service. The exceptions are a small number of reserve military elements engaged in counter-intelligence support.
See also here for Congressional approval [cornell.edu]
And the bill authorizing this is here [congress.gov]
Since NCIS has been given authority by Congress, but apparently is still part of the DOD, the Judge appears to be striking down one law by applying another law. (IOW: This isn't a Constitutional issue, merely a current ~ 2000 law that is contrary to 1878 Posse Comitatus Act). He is using the old law to strike down the new law. He's on shaky ground here.
No, you are mistaken. I've always had this sig.
(Score: 0) by Anonymous Coward on Wednesday September 17 2014, @07:42PM
http://en.wiktionary.org/wiki/per_se [wiktionary.org]