Tuesday, March 01, 2005

Ninth Circuit Judges: You need email accounts!!!! You botched the case!!!

In United States v. Kelley (2007) F.3d (9th Cir. 3/1/07, 05-10547), the Judges , who obviously have no idea what "spam " email is, believe that if any time you receive an email, you must have requested it (I am serious, that is their understanding). Therefore, if you get child porn sent to your email account you must have been soliciting it . Man are they out of touch. One of the justices seems to understand it, he says:

"Despite the enormous volume of unsolicited pornographic emails sent every day, with the true content concealed from the recipient, the majority holds that mere transmission of unsolicited pornographic emails creates probable cause to search the entire house of the email recipient."