U.S. Appeals Court Delivers Key Ruling on PC Privacy at Work

SAN FRANCISCO — A federal appeals court has ruled that an employee whose office was not shared with coworkers and was kept locked had a reasonable expectation of privacy in his workplace computer.

But the 9th U.S Circuit Court of Appeals also said in an opinion published Wednesday that the employee’s 4th Amendment right wasn’t violated when a warrantless search turned up a history of child porn visits on the company PC.

Employee Brian Ziegler, who worked for third-party online processor Frontline Processing, had appealed to the higher court after he failed to win a motion to suppress evidence from the U.S. District Court over his 2001 arrest by the FBI.

(A Frontline executive told XBIZ that the Montana-based company does not process online adult accounts.)

Ziegler came to the agency’s attention when the owner of Frontline’s ISP notified the FBI that a Frontline employee had visited child porn websites from a workplace computer, court documents said.

Ziegler, who was the company’s director of operations, pled not guilty and moved to suppress the images retrieved from the search of his workplace computer after being indicted on charges of receiving and possessing child porn in May 2003.

In court documents, Frontline employees said they obtained a key to Ziegler’s private office from a Frontline executive and opened the computer, making two copies of the hard drive.

Later, the employees voluntarily turned over the content to the FBI, explaining that all of the company-owned PCs in the office were routinely monitored.

The FBI explained in a court filing that because the company voluntarily turned over the PC, which had numerous cache images of child porn, it had no need to ask for a search warrant.

On rehearing, the 9th Circuit said that the federal judge was correct in denying the motion to suppress evidence, but the three-judge panel arrived at the conclusion on different grounds from U.S. District Court.

The circuit judges said that Ziegler did have a reasonable expectation of privacy in his office and workplace computer, but the search of his workplace computer was excepted from the constitutional warrant requirement because it was authorized by an officer of the company.

Judge Diarmuid F. O’Scannlain, who wrote for the panel, explained in the ruling that warrantless searches are valid where the government obtains voluntary consent either from the criminal suspect or from a third party with “common authority” over the premises or items the government seeks to inspect.

O’Scannlain also said that Frontline exercised common authority over Ziegler’s computer because it had complete administrative access to all of its employees’ computers and, with employees’ knowledge, had installed a firewall to monitor their Internet traffic.

“Although Ziegler retained a legitimate expectation of privacy in his workplace office, Frontline retained the ability to consent to a search of Ziegler’s office and his business computer. And because valid third-party consent to search the office and computer located therein was given by his employer, the district court’s order denying suppression of the evidence of child pornography existing on Ziegler’s computer is affirmed.”

The case is U.S. vs. Ziegler, 05-30177.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin admitted during a hearing Friday that the institution has received pressure from a Republican politician and from a donor to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Heritage Foundation Leader Kevin Roberts Doubles Down on Defense of Anti-Porn Project 2025

Heritage Foundation and current Project 2025 leader Kevin Roberts appeared on Fox News' Special Report with Bret Baier on Wednesday to defend the controversial conservative initiative, which includes a call to criminalize the production and distribution of pornography.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The Labour government of U.K. Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Conservative Prime Minister Rishi Sunak in 2023.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Australian Government's Social Media Access Proposal Endorses Porn-Stigmatizing Report

The Australian Labor government led by Prime Minister Albanese recently announced its intention to introduce legislation this year “to enforce a minimum age for access to social media and other relevant digital platforms,” stating the upcoming proposal would be based on a recent report that uses stigmatizing language to characterize all adult content.

Federal Judge Blocks Utah's Social Media Filter Law

A federal judge in Utah has blocked the state’s controversial new Minor Protection in Social Media Act, which was set to go into effect Oct. 1.

Show More