User Identification and Information Privacy on the Internet
United States v. Gines-Perez, 214 F. Supp. 2d 205, 224-26 (D.P.R. 2002)
Found no reasonable expectation of privacy in information placed on the Internet.
“Every federal court to address this issue has held that subscriber information provided to an internet provider is not protected by the Fourth Amendment’s privacy expectation.”
United States v. Forrester, 512 F.3d 500, 510 (9th Cir. 2008)
Email and Internet users have no reasonable expectation of privacy in to/from addresses of their messages or in IP addresses of websites visited.
Probable cause established through IP address used to access child pornography and ISP records of physical address.
United States v. Grant, 218 F.3d 72, 76 (1st Cir. 2000)
Evidence that an Internet account belonging to the defendant was involved in criminal activity on several occasions, and that the defendant’s car was parked at his residence during at least one such occasion, created probable cause to search the defendant’s residence.
United States v. Carter, 549 F. Supp. 2d 1257, 1261 (D. Nev. 2008)
Probable cause established through IP address, ISP records, and utility records.
United States v. Hanson, 2007 WL 4287716, at *8 (D. Me. Dec. 5, 2007)
Probable cause based on IP address and physical address despite “no direct knowledge whether any computer hardware… was physically located at the residence”
United States v. Huitt, 2007 WL 2355782, at *4 (D. Idaho Aug. 17, 2007)
Probable cause established through IP address and separate email address both linked to same physical location.
Note: These cases can be found in DOJ’s “Searching & Seizing & Obtaining Electronic Evidence Manual.”