Monday, May 02, 2022

1)    US v. Rosenow, No. 20-50052 (4-27-22)(Forrest w/Callahan; dissent by Graber).                Interesting opinion affirming conviction and sentence on attempted exploitation of a         child and possession of child porn. The issue is whether Yahoo and Facebook acted as         government agents in tracking down images and messages. The government knew of         the concerns of the providers, and implicitly encouraged them to investigate and turn         over evidence. The majority however found they were acting as private entities.                 Dissenting, Graber concludes they were acting as agents. Graber also questions whether      the test of implicitly acting is outdated and needs to be reconsidered.

The decision is here:

2)    US v. Phillips, No. 20-10304 (4-29-22)(Korman w/Paez & Friedland). This is a similar case to above – a private person (here an ex-fiancé) turning over child porn. Law enforcement told the fiancé to show only the officer the files she had opened. In this way, she was not acting as a quasi-agent but as a private citizen and there was no state action.

The decision is here:


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