Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Warrantless Public Pole Camera Surveillance Is Not An Unlawful Search Under The Fourth Amendment

From 2013 to 2016, several law enforcement agencies investigated a methamphetamine distribution conspiracy in Illinois. The government installed three cameras on nearby utility poles to monitor the home of defendant Travis Tuggle. Two cameras viewed the front of Tuggle’s home and a nearby parking area. The third camera viewed a shed owned by codefendant, Joshua Vaultonburg.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Facebook’s Reporting of Child Pornography Does Not Make It a Government Actor

In 2018, Alexander Bebris sent messages to a woman via Facebook Messenger, a private messaging system on Facebook. Facebook Messenger utilizes PhotoDNA, a Microsoft image-recognition program that provides the capability to scan images uploaded onto the company’s platform and compares the “hash,” or essence of a photo, with a database of known images of child pornography. After a “hit,” Facebook reviews the flagged images and sends them to the National Center for Missing and Exploited Children (“NCMEC”) through the CyberTipline.

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