Friedman Legal Solutions, PLLC

Criminal Appellate & Post-Conviction Services

Computer Crime

Canadian Supreme Court Finds Exceptional Privacy in Computers

Hats off to the Canadian Supreme Court in Regina v Vu, 2013 SCC 60 (2013) for recognizing what so many American courts don’t seem to get -- that computers are different. Police are now routinely seeking (and unfortunately getting permission) to search everyone’s computers when they have probable cause of any evidence of crimes. The Canadian Supreme Court said that there has to be individualized probable cause to search a computer and that the police cannot get to its contents by virtue a general search warrant to search a home.

The Wifi Sharing Defense

According to Torrent Talk, Danish and German Courts have accepted the wifi sharing defense. This defense says that because of the huge amount of illegal wifi piggybacking that goes (people using other people’s wifi connections without permission), proof that someone’s ip address was used in the commission of a crime is not proof that the individual committed the crime.