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Judge: It's OK If Best Buy's Geek Squad Nerds Search Your PC for Illegal Content

CmHall9
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Office-PC-Keyboard.jpg.80dfc1d13be77bff120fc7ffae29a024.jpgJudge: It's OK If Best Buy's Geek Squad Nerds Search Your PC for Illegal Content

A judge presiding over a child pornography case that was set in motion in 2012 has ruled that users have no legal expectation of privacy when they hand over their computers to Best Buy's Geek Squad IT technicians.

 

(synopsis)

A Geek Squad technician working on a doctor's computer discovered a small thumbnail image containing a nude child. The file was discovered on the hard drives unallocated space, an area where a file was deleted but still exists until new data can write over it.

The Geek Squad called the FBI and the doctor was arrested.

The Judge decided that without the file's metadata there was no way to determine when the file was saved to the HDD, deleted, or where it came from.

The judge ended up ruling to suppress all of the evidence.

 

Quote

At the Brooks branch, while recovering files from Rettenmaier's hard drive, a Geek Squad employee found a small thumbnail image "of a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck."

The Geek Squad employee followed protocol and reported the image to the FBI, who arrested Rettenmaier in early 2012.

Quote

Defense lawyers argued that the FBI was using Geek Squad technicians as a way to skirt privacy laws and search for data for which they would usually have need probable cause and a warrant.

Furthermore, lawyers found that the FBI was paying these Geek Squad employees between $500 and $1,000 per each report they filed.

Quote

According to the defendant's motion, the FBI forgot to mention that the Geek Squad technician found the "suspicious" image on the hard drive's unallocated space.

This means the image had been deleted and remained on the hard drive until that area of the HDD would be rewritten with other data. The image's location was important because a file stored in a hard drive's unallocated space is also stripped of any file metadata, meaning there's no way to tell when the file was saved to disk, when it was deleted, or where it came from. This small detail leaves the door open to suspicions of third-party tampering, as the prosecution can't determine ownership for the file.

 

 

Read the entire story here.

 

 

(MY THOUGHTS)

Is it just me or does this sound like the Geek Squad employee went out of their way in order to find this file? Replacing an HDD and transferring files does not require you visually inspect each and every file.

 

 

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Well destroy any future customers, that's fine with me. They are already a god awful mess of scamming and stupidity 

▓ƆԀ▓ S▓₱▓Ɇ▓c▓s▓: i7 6ʇɥפᴉƎ00K (4.4ghz), Asus DeLuxe X99A II, GT҉X҉1҉0҉8҉0 Zotac Amp ExTrꍟꎭe),Si6F4Gb D???????r PlatinUm, EVGA G2 Sǝʌǝᘉ5ᙣᙍᖇᓎᙎᗅᖶt, Phanteks Enthoo Primo, 3TB WD Black, 500gb 850 Evo, H100iGeeTeeX, Windows 10, K70 R̸̢̡̭͍͕̱̭̟̩̀̀̃́̃͒̈́̈́͑̑́̆͘͜ͅG̶̦̬͊́B̸͈̝̖͗̈́, G502, HyperX Cloud 2s, Asus MX34. פN∩SW∀S 960 EVO

Just keeping this here as a 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̌̅̒̾̈́̆͌̌̾̎̽̐̅̏́̈̔͛̀̋̃͊̒̓͗͒̑͒̃͂̌̄̇̑̇͛̆̾͛̒̇̍̒̓̀̈́̄̐͂̍͊͗̎̔͌͛̂̏̉̊̎͗͊͒̂̈̽̊́̔̊̃͑̈́̑̌̋̓̅̔́́͒̄̈́̈̂͐̈̅̈̓͌̓͊́̆͌̉͐̊̉͛̓̏̓̅̈́͂̉̒̇̉̆̀̍̄̇͆͛̏̉̑̃̓͂́͋̃̆̒͋̓͊̄́̓̕̕̕̚͘͘͘̚̕̚͘̕̕͜͜͝͝͝͠͝͝͝͝͠ͅS̷̢̨̧̢̡̨̢̨̢̨̧̧̨̧͚̱̪͇̱̮̪̮̦̝͖̜͙̘̪̘̟̱͇͎̻̪͚̩͍̠̹̮͚̦̝̤͖̙͔͚̙̺̩̥̻͈̺̦͕͈̹̳̖͓̜͚̜̭͉͇͖̟͔͕̹̯̬͍̱̫̮͓̙͇̗̙̼͚̪͇̦̗̜̼̠͈̩̠͉͉̘̱̯̪̟͕̘͖̝͇̼͕̳̻̜͖̜͇̣̠̹̬̗̝͓̖͚̺̫͛̉̅̐̕͘͜͜͜͜ͅͅͅ.̶̨̢̢̨̢̨̢̛̻͙̜̼̮̝̙̣̘̗̪̜̬̳̫̙̮̣̹̥̲̥͇͈̮̟͉̰̮̪̲̗̳̰̫̙͍̦̘̠̗̥̮̹̤̼̼̩͕͉͕͇͙̯̫̩̦̟̦̹͈͔̱̝͈̤͓̻̟̮̱͖̟̹̝͉̰͊̓̏̇͂̅̀̌͑̿͆̿̿͗̽̌̈́̉̂̀̒̊̿͆̃̄͑͆̃̇͒̀͐̍̅̃̍̈́̃̕͘͜͜͝͠͠z̴̢̢̡̧̢̢̧̢̨̡̨̛̛̛̛̛̛̛̛̲͚̠̜̮̠̜̞̤̺͈̘͍̻̫͖̣̥̗̙̳͓͙̫̫͖͍͇̬̲̳̭̘̮̤̬̖̼͎̬̯̼̮͔̭̠͎͓̼̖̟͈͓̦̩̦̳̙̮̗̮̩͙͓̮̰̜͎̺̞̝̪͎̯̜͈͇̪̙͎̩͖̭̟͎̲̩͔͓͈͌́̿͐̍̓͗͑̒̈́̎͂̋͂̀͂̑͂͊͆̍͛̄̃͌͗̌́̈̊́́̅͗̉͛͌͋̂̋̇̅̔̇͊͑͆̐̇͊͋̄̈́͆̍̋̏͑̓̈́̏̀͒̂̔̄̅̇̌̀̈́̿̽̋͐̾̆͆͆̈̌̿̈́̎͌̊̓̒͐̾̇̈́̍͛̅͌̽́̏͆̉́̉̓̅́͂͛̄̆͌̈́̇͐̒̿̾͌͊͗̀͑̃̊̓̈̈́̊͒̒̏̿́͑̄̑͋̀̽̀̔̀̎̄͑̌̔́̉̐͛̓̐̅́̒̎̈͆̀̍̾̀͂̄̈́̈́̈́̑̏̈́̐̽̐́̏̂̐̔̓̉̈́͂̕̚̕͘͘̚͘̚̕̚̚̚͘̕̕̕͜͜͝͠͠͝͝͝͝͠͝͝͝͠͝͝͝͝͝͝ͅͅͅī̸̧̧̧̡̨̨̢̨̛̛̘͓̼̰̰̮̗̰͚̙̥̣͍̦̺͈̣̻͇̱͔̰͈͓͖͈̻̲̫̪̲͈̜̲̬̖̻̰̦̰͙̤̘̝̦̟͈̭̱̮̠͍̖̲͉̫͔͖͔͈̻̖̝͎̖͕͔̣͈̤̗̱̀̅̃̈́͌̿̏͋̊̇̂̀̀̒̉̄̈́͋͌̽́̈́̓̑̈̀̍͗͜͜͠͠ͅp̴̢̢̧̨̡̡̨̢̨̢̢̢̨̡̛̛͕̩͕̟̫̝͈̖̟̣̲̖̭̙͇̟̗͖͎̹͇̘̰̗̝̹̤̺͉͎̙̝̟͙͚̦͚͖̜̫̰͖̼̤̥̤̹̖͉͚̺̥̮̮̫͖͍̼̰̭̤̲͔̩̯̣͖̻͇̞̳̬͉̣̖̥̣͓̤͔̪̙͎̰̬͚̣̭̞̬͎̼͉͓̮͙͕̗̦̞̥̮̘̻͎̭̼͚͎͈͇̥̗͖̫̮̤̦͙̭͎̝͖̣̰̱̩͎̩͎̘͇̟̠̱̬͈̗͍̦̘̱̰̤̱̘̫̫̮̥͕͉̥̜̯͖̖͍̮̼̲͓̤̮͈̤͓̭̝̟̲̲̳̟̠͉̙̻͕͙̞͔̖͈̱̞͓͔̬̮͎̙̭͎̩̟̖͚̆͐̅͆̿͐̄̓̀̇̂̊̃̂̄̊̀͐̍̌̅͌̆͊̆̓́̄́̃̆͗͊́̓̀͑͐̐̇͐̍́̓̈́̓̑̈̈́̽͂́̑͒͐͋̊͊̇̇̆̑̃̈́̎͛̎̓͊͛̐̾́̀͌̐̈́͛̃̂̈̿̽̇̋̍͒̍͗̈͘̚̚͘̚͘͘͜͜͜͜͜͜͠͠͝͝ͅͅͅ☻♥■∞{╚mYÄÜXτ╕○\╚Θº£¥ΘBM@Q05♠{{↨↨▬§¶‼↕◄►☼1♦  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1 minute ago, Jade said:

Night theme friendly, pls. Select all text > remove formatting > save. Thank.

no don't I feel like a FBI detective searching the OP for the hidden truth.

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that is literally not what the judge said. what the judge said is that you should not have an expectation of privacy when handing them your pc, which is true because you literally gave them access to it.

 

Quote

According to a judge's decision, Rettenmaier lost his right to privacy when he signed a repairs contract with Best Buy and even gave his verbal agreement for technicians to search his laptop.

 

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There's been a lot of chatter that Geek Squad members can get paid for finding anything that can be reported.  I expect this case to run through the Federal Courts for a while.

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9 minutes ago, CmHall9 said:

Is it just me or does this sound like the Geek Squad employee went out of their way in order to find this file? Replacing an HDD and transferring files does not require you visually inspect each and every file.

They said they saw a thumbnail which in Windows is a preview of an image. That is the default Windows settings, if the guy thought that they wouldn't see it, he is pretty idiotic. Whenever I do recovery, I tend to go through some directories where important client data is such as images to make sure they were recovered correctly.

 

Also Geek Squad is probably legally required by Best Buy to report child porn.

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2 minutes ago, DeadEyePsycho said:

They said they saw a thumbnail which in Windows is a preview of an image. That is the default Windows settings, if the guy thought that they wouldn't see it, he is pretty idiotic. Whenever I do recovery, I tend to go through some directories where important client data are such as images to make sure they were recovered correctly.

 

Also Geek Squad is probably legally required by Best Buy to report child porn.

I was just about to post basically the same thing.  I work for a small computer store, and it's normal to check some of the recovered files to verify their integrity before returning it to the customer.

https://linustechtips.com/main/topic/449522-smoking-barrels-ltts-unnofficial-gun-club/

 

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While I wouldn't say that Geek Squad has the authority to check for illegal content, they do have the obligation to report illegal content. 

 

Just saying, if you don't want something found, don't put it where it can be found.

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Just now, ARikozuM said:

While I wouldn't say that Geek Squad has the authority to check for illegal content, they do have the obligation to report illegal content. 

 

Just saying, if you don't want something found, don't put it where it can be found.

and don't literally give some nerds complete access to your unencrypted drive by contract.

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11 minutes ago, BuckGup said:

Well destroy any future customers, that's fine with me. They are already a god awful mess of scamming and stupidity 

I wouldn't let mediocrebuy GLEEKsquad touch my computer with a parsec long pole.

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10 minutes ago, tlink said:

that is literally not what the judge said. what the judge said is that you should not have an expectation of privacy when handing them your pc, which is true because you literally gave them access to it.

 

 

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@CmHall9 Please fix your formatting including adding the quote box for quotes.

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"Everything culminated in early 2017 when Rettenmaier's lawyers discovered that the FBI had specifically recruited and trained Geek Squad technicians to search for illegal files on users' computers using custom-built software."

 

Key part. Rather than buy a "data recovery service", the HDD was effectively sent to the FBI for inspection before repair. This is why this case probably makes the at least the Circuit level.

 

"This means the image had been deleted and remained on the hard drive until that area of the HDD would be rewritten with other data. The image's location was important because a file stored in a hard drive's unallocated space is also stripped of any file metadata, meaning there's no way to tell when the file was saved to disk, when it was deleted, or where it came from. This small detail leaves the door open to suspicions of third-party tampering, as the prosecution can't determine ownership for the file."

 

The important bit is if you do come across Child Porn by accident, you're in the clear by immediately deleting it, at least under current US Law. So the file was deleted, it just wasn't wiped from the drive.  Which means I've got an idea what type of tools they're using to find the files. They find any graphics file, run a fast hash on it and check it against the CP databases. (This is how the automated systems work.)  The Geek Squad didn't randomly find it; they were clearly running full file structure sweeps for files.

 

Doesn't mean the Doctor may or may not be slime, but, well, this is a lot of BS to be pulling.

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1 minute ago, knightslugger said:

I wouldn't let mediocrebuy GLEEKsquad touch my computer with a parsec long pole.

I can not second this hard enough. They are salesmen, not computer technicians.

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Just now, Taf the Ghost said:

"Everything culminated in early 2017 when Rettenmaier's lawyers discovered that the FBI had specifically recruited and trained Geek Squad technicians to search for illegal files on users' computers using custom-built software."

 

Key part. Rather than buy a "data recovery service", the HDD was effectively sent to the FBI for inspection before repair. This is why this case probably makes the at least the Circuit level.

 

"This means the image had been deleted and remained on the hard drive until that area of the HDD would be rewritten with other data. The image's location was important because a file stored in a hard drive's unallocated space is also stripped of any file metadata, meaning there's no way to tell when the file was saved to disk, when it was deleted, or where it came from. This small detail leaves the door open to suspicions of third-party tampering, as the prosecution can't determine ownership for the file."

 

The important bit is if you do come across Child Porn by accident, you're in the clear by immediately deleting it, at least under current US Law. So the file was deleted, it just wasn't wiped from the drive.  Which means I've got an idea what type of tools they're using to find the files. They find any graphics file, run a fast hash on it and check it against the CP databases. (This is how the automated systems work.)  The Geek Squad didn't randomly find it; they were clearly running full file structure sweeps for files.

 

Doesn't mean the Doctor may or may not be slime, but, well, this is a lot of BS to be pulling.

too dark didn't read.

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Just now, tlink said:

that is literally not what the judge said. what the judge said is that you should not have an expectation of privacy when handing them your pc, which is true because you literally gave them access to it.

 

 

Fake, these services that repair your stuff should be liable for privacy infringement, even if the doctor will get prosecuted as well for what illegals he may/may not have done, FBI and geek squad should be aswell, now depends on what policy these services have since you dont sign any when you give them your device i think.

These people were deliberately scanning for illegal stuff like child porn if they managed to find a thumbnail  in a post deleted sector. They have pro hacking tools just for that purpose, how else would they recover a dead HDD and find something on a deleted partition, not to mention that if it wasnt an authorized forensic investigation personel, those bytes could have been put there by GeekSquad which cannot be traced no more, its very easy to hack and set up someone like that, their report should be invalidated and FBI/GeekSquad should pay legaly and for damages brought to the doc's image.

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1 minute ago, yian88 said:

Fake, these services that repair your stuff should be liable for privacy infringement, even if the doctor will get prosecuted as well for what illegals he may/may not have done, FBI and geek squad should be aswell, now depends on what policy these services have since you dont sign any when you give them your device i think.

These people were deliberately scanning for illegal stuff like child porn if they managed to find a thumbnail  in a post deleted sector. They have pro hacking tools just for that purpose, how else would they recover a dead HDD and find something on a deleted partition, not to mention that if it wasnt an authorized forensic investigation personel, those bytes could have been put there by GeekSquad which cannot be traced no more, its very easy to hack and set up someone like that, their report should be invalidated and FBI/GeekSquad should pay legaly and for damages brought to the doc's image.

a verbal contract is still a contract, like it said in the piece i quoted he gave them verbal confirmation to search his drive. verbal confirmation is still binding, this is how teleshopping works.
https://en.wikipedia.org/wiki/Oral_contract

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Just now, yian88 said:

Fake, these services that repair your stuff should be liable for privacy infringement, even if the doctor will get prosecuted as well for what illegals he may/may not have done, FBI and geek squad should be aswell, now depends on what policy these services have since you dont sign any when you give them your device i think.

These people were deliberately scanning for illegal stuff like child porn if they managed to find a thumbnail  in a post deleted sector. They have pro hacking tools just for that purpose, how else would they recover a dead HDD and find something on a deleted partition, not to mention that if it wasnt an authorized forensic investigation personel, those bytes could have been put there by GeekSquad which cannot be traced no more, its very easy to hack and set up someone like that, their report should be invalidated and FBI/GeekSquad should pay legaly and for damages brought to the doc's image.

I would agree with this, only if they disseminated or otherwise shared information they gathered from your computer.

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In this situation I think they did the correct thing.  The employee is just following the law, and doesnt want to lose his job.  From a corporate standpoint the fallout on best buy would be crushing if it came out later that this happened and the employee didnt report it immediately.  Whether the FBI didnt follow the correct channels for raiding this guys house is up to the courts.  The way I feel about it is you have child porn on your computer you deserve to go to jail.  Unless there is some possibility that he bought the computer second hand or bought a used or refurbished drive and can prove that, and that they need to going after somebody else he is liable for having that on his computer.  just like if you get caught with drugs in your car and nobody else in the car claims it belongs to them then they assume its yours. 

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2 minutes ago, yian88 said:

Fake, these services that repair your stuff should be liable for privacy infringement, even if the doctor will get prosecuted as well for what illegals he may/may not have done, FBI and geek squad should be aswell, now depends on what policy these services have since you dont sign any when you give them your device i think.

These people were deliberately scanning for illegal stuff like child porn if they managed to find a thumbnail  in a post deleted sector. They have pro hacking tools just for that purpose, how else would they recover a dead HDD and find something on a deleted partition, not to mention that if it wasnt an authorized forensic investigation personel, those bytes could have been put there by GeekSquad which cannot be traced no more, its very easy to hack and set up someone like that, their report should be invalidated and FBI/GeekSquad should pay legaly and for damages brought to the doc's image.

I would certainly argue the validity of anything found by geek squad as any digital forensics case needs to be done meticulously and carefully (generally that means cloning the drive and analyzing a copy of the drive and never touching the source drive). But if you give your computer to geek squad then as far as I'm concerned you have no expectation of privacy.

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There are so many things wrong with this case... I am glad he was fount not guilty.

Just some points I want to highlight.

 

1) Why is the FBI training and incentivize people to search through the private files of other people? Like the article says (but not the OP), Geek Squad employees gets paid between 500 and 1000 dollars for each report they submit. I would not be surprised if some employees are willing to planted evidence on hard drives if they get paid 1000 dollars to do so.

 

2) You need a warrant to do this kind of search. You are not allowed to look through the private files of someone in order to find for example evidence for a crime. So the FBI is using Geek Squad as a proxy to get around the legal requirement for a warrant.

 

3) The judge found the image to not be pornographic. It did not show any genitalia nor any sexual acts. So for everyone saying that he had child porn on his computer, there is no solid evidence to prove that he did. The picture they found on his hard drive was at the very least not child porn.

 

4) Just a thumbnail image in a deleted sector should not be evidence of willingly downloading child porn. It's good that it was reported, but I do not think it should be the sole evidence that leads to a conviction. A perfectly logical explanation would be that he was browsing a regular porn site and the image was a thumbnail in an ad or some video he did not view. This would cause the image to be downloaded to his hard drive, and then deleted once he cleared his history. Being in unallocated space does not mean he willingly deleted it.

I mean, if someone posted a child porn image in this thread then i don't think everyone here should be sentenced for child porn. Only those who willingly and knowingly do it should be sentenced.

 

 

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When I worked at Wal-Mart, I was in the photo lab (this was back in the early 00's, when 35mm was still a thing). If someone turned in some film (or digital pictures) and there was something suspected on it (like child porn), we were obligated to report it.

 

Obviously, that's different since there isn't any allocated space on a 35mm roll of film, but at the same time, a person can't expect privacy if they turn their computer (or film, usb drive, DVD, etc) to someone else.

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