United States v. DiTomasso

2014 WL 5462467 (2014)

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United States v. DiTomasso

United States District Court for the Southern District of New York
2014 WL 5462467 (2014)

RW

Facts

The United States government (plaintiff) prosecuted Frank DiTomasso (defendant) on federal child-pornography charges. The government seized email and other data from DiTomasso’s accounts with his Internet service providers (ISPs), Omegle and America Online (AOL). Before opening those accounts, DiTomasso had to consent to each ISP’s terms of service. Omegle’s service terms informed consenting users that Omegle recorded its users’ Internet-protocol addresses for law-enforcement purposes, but the service terms otherwise said little that would make a reasonable user think that Omegle intended to act as an arm of the law. However, Omegle did monitor users’ data as part of its business procedures. If Omegle found evidence of criminal activity in its routine monitoring, it reported the activity, as required by law. AOL’s service terms, on the other hand, made it clear that AOL actively scanned data for evidence of criminal activity and would share that evidence with law-enforcement authorities. DiTomasso moved to exclude his Omegle and AOL data from evidence.

Rule of Law

Issue

Holding and Reasoning (Scheindlin, J.)

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