Computer Science Student Targeted for Criminal Investigation for Allegedly Sending Email

[David Farber <dave () farber net>]

Begin forwarded message:

From: EFF Press <press () eff org>
Date: April 13, 2009 3:18:47 PM EDT
To: presslist () eff org
Subject: [E-B] EFF: Computer Science Student Targeted for Criminal  
Investigation	for Allegedly Sending Email
Reply-To: press () eff org

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, April 13, 2009

Contact:

Matt Zimmerman
  Senior Staff Attorney
  Electronic Frontier Foundation
  mattz () eff org
  +1 415 436-9333 x127

Computer Science Student Targeted for Criminal
Investigation for Allegedly Sending Email

EFF Challenges Illegal Computer Seizure and Ongoing Data
Searches by Campus Police

Boston - A Boston College computer science student has
asked a Massachusetts court to quash an invalid search
warrant for his dorm room that resulted in campus police
illegally seizing several computers, an iPod, a cell phone,
and other technology.

The Electronic Frontier Foundation (EFF) is representing
the student, who has petitioned the court for the immediate
return of his property and is demanding that investigators
be prohibited from any further searches or analysis of his
digital data.  Massachusetts State Police participated in
the search and are overseeing the forensic analysis of the
seized property.

"This search warrant is invalid, as there is no probable
cause that a crime was committed at all," said EFF Civil
Liberties Director Jennifer Granick.  "Every day this
student's private information is in the hands of the police
department, he suffers harm to his property interests and
his constitutional rights."

The dorm room search stemmed from an investigation into who
sent an email to a Boston College mailing list alleging
that another student was gay.  Police say they know who
sent the email and that the sender committed the crimes of
"obtaining computer services by fraud or misrepresentation"
and obtaining "unauthorized access to a computer system."
However, nothing presented by the investigating officer to
obtain the warrant, including the allegation that the
student sent the email to the mailing list, could
constitute the cited criminal offenses.

Some of the supposedly suspicious activities listed in
support of the search warrant application include: the
student being seen with "unknown laptop computers," which
he "says" he was fixing for other students; the student
uses multiple names to log on to his computer; and the
student uses two different operating systems, including one
that is not the "regular B.C. operating system" but instead
has "a black screen with white font which he uses prompt
commands on."

"The police used inapplicable criminal laws as a basis for
a fishing expedition to determine the author of an
anonymous email," said EFF Senior Staff Attorney Matt
Zimmerman.  "Now, this student has been suspended from his
job, and he is without a laptop and other devices he needs
to do his schoolwork.  His private communications and
papers are in the hands of police who are searching for
evidence without just cause.  Even his cell phone and iPod
were taken, clearly an overreach if the goal is tracking
the source of an email."

The motion to quash the search warrant was filed with
assistance from Fish & Richardson attorneys Adam Kessel,
Lawrence Kolodney, and Tom Brown.  No court date has been
set yet to hear the motion.

For the full motion for emergency relief:
http://www.eff.org/files/filenode/inresearchBC/CalixteMotEmergencyRelief.pdf


For more on this case:
http://www.eff.org/cases/re-matter-search-warrant-boston-college

For this release:
http://www.eff.org/press/archives/2009/04/13

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


    -end-

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