"Holy crap: Although it was barely mentioned in the briefing, the CA9 just held in a single sentence, in a precedential opinion, that internet content preservation isn't a seizure," he wrote in a Twitter post.
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The case at issue, US v. Rosenow, begins in October, 2014, when online money transfer service Xoom alerted Yahoo! to a number of Yahoo accounts involved in the buying and selling of child sexual abuse material.
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Investigations by Yahoo! and law enforcement continued, culminating in the June 21, 2017 arrest of Rosenow at the San Diego airport in conjunction with the execution of federal search warrants for the defendant, his baggage, and residence.
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The government's preservation requests - issued years before - and subpoenas submitted without a warrant, they said, violated Fourth Amendment protection against unreasonable search and seizure.
The appeals' panel rejected the defense arguments and upheld the lower court's conviction and sentencing.
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