Child-porn conviction is tossed: Navy surveillance is blamed

[LiberalAndProud]

http://www.sacbee.com/2014/09/18/6716827/child-porn-conviction-is-tossed.html

SEATTLE -- Navy criminal investigators repeatedly and routinely peeked into the computers of private citizens in Washington state and elsewhere, a violation of the law so "massive" and egregious that an appeals court says it has no choice but to throw out the evidence against an Algona, Wash., man sentenced to 18 years in prison for distribution of child pornography.

The three-judge panel of the U.S. 9th Circuit Court of Appeals, in a decision handed down last week, said the 2012 prosecution of Michael Allan Dreyer by the U.S. Attorney's Office in Seattle demonstrated Naval Criminal Investigative Service (NCIS) agents "routinely carry out broad surveillance activities that violate" the Posse Comitatus Act, a Reconstruction-era law that prohibits the military from enforcing civilian laws.

The court called the violations "extraordinary" and said evidence presented in Dreyer's prosecution appears to show that "it has become a routine practice for the Navy to conduct surveillance of all the civilian computers in an entire state to see whether any child pornography can be found on them, and then to turn over that information to civilian law enforcement when no military connection exists."

That is what happened to Dreyer, now 60, who became the target of an NCIS investigation in 2010 when Agent Steve Logan, who was stationed in Georgia, used a law-enforcement software program called "RoundUp" to troll for child pornography on computers in Washington using a legal file-sharing network called "Gnutella."

The 9th District Court of Appeals got this one right, painful as that may be in this case.

[hifiguy]

1. Indeed they did.

[LiberalAndProud]

2. I thought it was a bit of good news in the middle of a whole lot of bad.

The good news, bad news aspect is troubling I suppose. Safeguarding our rights is complicated.