Can Circuit City techs legally peruse files?

**mips** · December 14th, 2007

I think some people are taking this privacy thing way to far.

**LaRoza** · December 14th, 2007

Originally Posted by mips

I think some people are taking this privacy thing way to far.

+1

Hey! That is my illlegal material and I didn't give you permission to acknowledge its existance, therefore, it doesn't exist to you.

**mips** · December 14th, 2007

Originally Posted by LaRoza

+1

Hey! That is my illlegal material and I didn't give you permission to acknowledge its existance, therefore, it doesn't exist to you.

And please don't get suspicious when I buy all my ingredients to make drugs from one supplier. It's not for drugs, just ignore the extractor fan on the trailer home with the funny fumes

**BDNiner** · December 14th, 2007

Originally Posted by psusi

Except that it wasn't obtained illegally and Circuit City did nothing wrong because there was no expectation of privacy. If he had taken steps to hide or protect the files that would be one thing, but if you leave child porn out on your coffee table, you have no expectation of privacy when you invite the cable guy in to fix your TV.

yes i agree with you there, but the videos were not out in the open, the tech had to search to find the files. it is one thing if they are on the desktop, but they were not. As far as the drink beer in your car, that cannot be a comparison. Your are in public when in your car, since it is in plain sight then you have no expectation of privacy. I am not trying to argue that the guy with child porn should be let free because that is wrong. but having someone fix a hardware problem on your computer doesn't give them the right to search through your files, whether the program did it by itself or not. just like having a dead body in your trunk and taking your car in to get an oil change. The only reason that the mechanic can go into your trunk is if there is something that causes reasonable suspicion like a bad smell or blood leaking out of the trunk. But without that he has no reason and is violating your privacy. and privacy also applies to regular people not only the government agencies.

**LaRoza** · December 14th, 2007

Originally Posted by BDNiner

yes i agree with you there, but the videos were not out in the open, the tech had to search to find the files. it is one thing if they are on the desktop, but they were not. As far as the drink beer in your car, that cannot be a comparison. Your are in public when in your car, since it is in plain sight then you have no expectation of privacy. I am not trying to argue that the guy with child porn should be let free because that is wrong. but having someone fix a hardware problem on your computer doesn't give them the right to search through your files, whether the program did it by itself or not.

So just because the tech might have searched a little beyond what you would like, the crime "never happened" in your eyes?

Should the tech have ignored it?

**Luggy** · December 14th, 2007

Originally Posted by John.Michael.Kane

http://news.zdnet.com/2100-1009_22-6222794.html

Thoughts??

Isn't that how Gary Glitter got caught with child porn?

**John.Michael.Kane** · December 14th, 2007

Originally Posted by Luggy

Isn't that how Gary Glitter got caught with child porn?

Would seem like that was the case.
http://en.wikipedia.org/wiki/Gary_Gl...and_conviction

**Incense** · December 14th, 2007

IMO,however if you give someone your computer, and then are upset when they find illegal content on it, then it's your own dang fault for giving them the computer with the illegal content on it. Also why can't the person in question unplug two cables, and a few screws to install their own dvd drive? You don't want someone to access your data, don't give it to them. It's really quite simple.

That being said, I'm sure there is something in the TOS that Circuit City had the person in question sign, giving them full access to the machine and the files on it. Who reads those things anyway though right?

**Zero Prime** · December 15th, 2007

I'm glad that they are allowing this in court. It's not like the tech opened C drive and started looking around. A click on search and then the music and video option later and you have one screwed customer.

Compare to this. Hand me the key to your house and ask me to come in and install a computer for you. Now while I'm running cables behind your desk and a big bag of drugs fall down hidden between the desk and wall, do you scream I invaded your privacy?

**BDNiner** · December 15th, 2007

Originally Posted by LaRoza

So just because the tech might have searched a little beyond what you would like, the crime "never happened" in your eyes?

Should the tech have ignored it?

I am not saying that the crime did not happen. it did happen, i am arguing whether the evidence was legally obtained. it is obvious that this guy is guilty. He is in possession of illegal pornographic material. i am calling into question whether his rights to privacy were violated by Circuit City. You can't break the law and justify that it is necessary to put another man in jail. no matter how guilty that person is. Criminals get off on technicalities like this all the time. This is built into the legal system in America.

I don't believe that you sign away your right to privacy by taking your personal computer to a third party to get fixed. Especially since it was a hardware issue that did not affect the hard disk. If he wanted all his data moved to a new hard disk because his drive was about to fail then the tech would have to search through the files since he has to make a backup of all the important and personal data.