The Government argues that no search occurred in running the EnCase program because the agents “didn't look at any files, they simply accessed the computer.” 2d Supp. Tr. 16. The Court rejects this view and finds that the “running of hash values” is a search protected by the Fourth Amendment.
Computers are composed of many compartments, among them a “hard drive,” which in turn is composed of many “platters,” or disks. To derive the hash values of Crist's computer, the Government physically removed the hard drive from the computer, created a duplicate image of the hard drive without physically invading it, and applied the EnCase program to each compartment, disk, file, folder, and bit.2d Supp. Tr. 18-19. By subjecting the entire computer to a hash value analysis-every file, internet history, picture, and “buddy list” became available for Government review. Such examination constitutes a search.
I'm not sure how I feel about this.
On the one hand I want as many child predators off the street as possible and the guy in possession of the computer gave the cops permission. On the other hand he was only in possession of the computer because the owners landlord basically stole it. On the gripping hand the computers original owner should have paid his rent.
h/t The Volokh Conspiracy via Slashdot
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