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Oh, I get it now.....when God was handing out brains, you thought he said trains, and said, "no thanks, I think I'll fly." This explains your well thought out, and witty retort above.

Thankfully, in our country the 14th amendment affords a person a little thing called "due process." Perhaps you've heard of this before....you know, like back in Junior High School? Maybe you could open up an 8th grade textbook some day and review that small fact before you go shoot your mouth off, and are willing to hang someone accused of a crime before you know all the facts, or before they even step one foot in a courtroom.

Whether this guy is guilty or innocent, one thing is certain....he will get his day in court. I guess he can be thankful for the fact that someone other than "popgoesbubble" wrote the Constitution.

Not trying to bust your bubble, but I think you are referring to the 5th amendment.
 
yes but the file/files could have still been placed there by someone else, depending on the sharing settings
Thats right. I believe if the share settings are right and you give me your IP address ... I could put files on your PC right now over the internet.
 
Can you download a file and get stuff you didn't realize you were getting along with that file, Or is the guy guilty?
 
I think you could.

One way is SPYWARE.

A spyware or virus on your computer could attempt to download files everytime you connect to the internet. Or even while you are away from your PC if you leave it logged on


But again ... it just does not make sense that someone would leave such files in a SHARED folder if he knew they were even on his PC.


You can download this software to monitor INTRUDERS on your PC when connected to any Network

http://www.novell.com/coolsolutions/tools/18211.html

Its FREEWARE
 
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I think you could.

One way is SPYWARE.

A spyware or virus on your computer could attempt to download files everytime you connect to the internet. Or even while you are away from your PC if you leave it logged on


But again ... it just does not make sense that someone would leave such files in a SHARED folder if he knew they were even on his PC.

It is possible he lives close enough to his neighbor that his wireless network is being leached/used by his neighbor, and his neighbor actually has the stones (or lack thereof) to put his kiddie porn on the unsuspecting pilot in questions hard drive as a way of covering his tracks.

Kinda getting into all of the WHAT IFs.
 
Not trying to bust your bubble, but I think you are referring to the 5th amendment.

I'm not a Constitutional lawyer, but I'm about 99% sure that the 5th amendment deals with protection against self incrimination, double jeopardy, and yes, due process when applied to these issues. I'm also pretty sure that the 14th amendment deals with not being deprived of life, liberty, and the pursuit of happiness without due process. It's a pretty long amendment that also guarantees equal protection under the law. Somebody else can look it up if they want, and correct me if I'm way off base.
 
http://www.msnbc.msn.com/id/13341214/
Florida police faced a porn paradox. They were investigating a complaint by Tallahassee Community College that someone was subscribing to porn Web sites on the school's nickel. They traced the prurient behavior to the apartment of two women who had no criminal records and denied wrongdoing.

Investigators gave the residents the benefit of the doubt and kept on probing. They discovered that a neighbor had hacked into the women's wireless network and connected his computer to theirs (all the while getting his fill of porn, illegally billing a college account).

Turns out, the women had never changed the password on their router, giving the intruder easy access to their wireless fidelity, or Wi-Fi, connection. "If you run Wi-Fi...you need to take the time to secure it," says Bob Breeden, assistant special agent in charge at the Florida Law Enforcement Dept. The Florida residents are hardly alone. Their experience is replicated countless times across the country on a daily basis. Most people don't even know when their Wi-Fi is stolen, Breeden says.

But wireless surfing on a laptop — whether at home or in public — is often a cinch for hackers to intercept. When people set up wireless network connections at home, they don't always have the technical knowledge to enable security. And safeguards for public network connections can be looser still.

"When you go into a wireless environment, the dangers are so much worse" than on a regular Internet connection, says Richard Rushing, chief security officer at security provider AirDefense.net. Savvy wireless hackers don't even have to attack your computer to break into it on a wireless connection — they can just sit and wait for you to provide your information to them. When you're out in public and happen to find something that says "Free Internet Access," you're essentially trusting an unknown network, Rushing says

Of course, most Wi-Fi freeloaders are looking for little more than a free surf on an open Internet connection. But some can break into an insecure network to read the data stored on a hard drive, plant malicious software on a computer, or, as the Florida case shows, commit criminal activity using someone else's computer address.

Here are some easy steps to network security that won't cost much extra time or money. While these won't guarantee laptop safety, they add an extra layer of protection beyond a firewall and antivirus software....
see the website
 
Just a word of advice. When you go online at a layover, a box should pop up on your computer saying "new network detected". Click on "do not trust this network" and "ok". This prevents sharing of files on your computer, but you can still surf. I don't think this prevents all attacks, but it keeps other people in the hotel from seeing your files and manipulating them. I hope this guy was a victim, not a perp.
 
I'm not a Constitutional lawyer, but I'm about 99% sure that the 5th amendment deals with protection against self incrimination, double jeopardy, and yes, due process when applied to these issues. I'm also pretty sure that the 14th amendment deals with not being deprived of life, liberty, and the pursuit of happiness without due process. It's a pretty long amendment that also guarantees equal protection under the law. Somebody else can look it up if they want, and correct me if I'm way off base.

Yes you are right the 14th does deal with "due process" but most people consider it to be what garuntees it for all US citizens the 5th is what spells it out. I also think this guys 4th amendment rights were trashed. How can the police justify a search and seizure based on a novice computer users belief. If they can do this to him, they can do it to all of us.
 
I also think this guys 4th amendment rights were trashed. How can the police justify a search and seizure based on a novice computer users belief. If they can do this to him, they can do it to all of us.

his fourth amendment rights weren't violated if he waived them. as in;

-"hey can we look through your computer"
-"yeah ok"

vs.

-"hey can we look through your computer"
-"not without a warrent"
-"we're looking anyways"
 
his fourth amendment rights weren't violated if he waived them. as in;

-"hey can we look through your computer"
-"yeah ok"

vs.

-"hey can we look through your computer"
-"not without a warrent"
-"we're looking anyways"


Doesn't sound like they gave him a choice at all. They just confiscated the machine.
 
Can't they confiscate and search the laptop based on 'probable cause'? If a crime is believed to have been commited, I don't think the authorities always need a warrant for a search. I could very well be wrong...

SG
 
Yes you can perform a search without a warrant based on probable cause, but was this probable? If we allow the police to search person or property based on very sketchy information we will have very few civil liberties left. I am not saying this guy isn't a pervert and that what he had on his computer wasn't ilegal, but I do think there is a correct way to conduct police work without trampling on the constitution. I just don't see how Joe Shmoe can call the police with very little information and the next thing you know your being pulled out of your bed and your computer is confiscated.
 
If we allow the police to search person or property based on very sketchy information we will have very few civil liberties left.

Welcome to Bush's America. Those "civil liberties" you guys keep harping about only make it easier for the "turrrists" to infiltrate America.

:rolleyes:
 
As opposed to the Clinton/Reno Gestapo that kicks in doors in order to capture a 6 year old Cuban boy and return him to his island prison and jailer Fidel Castro....

In the meantime really dangerous illegal aliens take flying lessons in South Florida not far from the site of the gestapo raid...

...and burn down a church with people inside it in Waco... while rolling in Tanks from Ft Hood. Posse Comitatus anyone?
 
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The next thing you know the police are viewing the illegal content on your PC that is available through a public network...

That is probable cause.

I'm betting that the defendent's lawyer will have a field day with this very issue. If it is determined by a judge that the police did not have probable cause to seize the computer, or search its contents (without the defendent's permission), then the evidence is inadmissable....case dismissed, followed by a law suit for violating his 4th amendment rights. Just playing the devil's advocate here.......
 
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I don't see any question that there was probable cause.... The illegal content was available through a public network. It is the same as if he was broadcasting it over the web with a Web-Cam.

If i set up a web cam and kill someone in front of the camera ... is that not probable cause for the cops to come into my house?

In the end who really cares about that.... The illegal content was either planted there by an intruder or it was not.

I am betting it was planted.
 
One more reason to use linux...

Wireless is so insecure it's laughable. Wireless on Windoze is an invitation to disaster. This guy is "probably" guilty, but it would be easy for him to be set up... Ultimately a competent computer expert should be able to tell the difference. It the guy was surfing kiddie porn it will show up in other non-shared places such as his Media Player and internet browser histories.

Word of advice... stay far, far away from Limewire or anything similar. They do bad bad things to your computer.
 
President Bush has nothing to do with this! The NSA is not concered with some pilot looking at kiddy porn in HPN. Waco, Texas, enough said!! Based on the information we have no one can say with any certainty if this guys rights were violated. From what I understand of the events it sounds to me like this guy may have had his rights violated. I am sure his attorney will do a fine job.

It will be interesting to see if the FBI tapes into his hard drive to see what sites he visited. I wonder if they will search his home and if he has a desktop at home.

For all of you who do not want any items in a shared folder to be visible when on a network you should change your work group name to something unique. I had a friend who had his money file opened because it was in a shared folder and he lost account numbers and passwords.
 

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