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Dadparvar
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The Supreme Court of Canada ruled Thursday that sexually explicit electronic communications sent to minors are not private and can be used in police investigations.
In the case a police officer posed as a child and was sent explicit messages. A meeting was arranged with the defendant, a 32-year-old-man pretending to be 23. The defendant argued that the police officer should have obtained prior judicial authorization to record his online communications as evidence for trial.
The court said that there was “no objectively reasonable expectation of privacy” because the communication was with a child who was a stranger.
In a concurrence, two justices noted that the “screenshots … are simply a copy of the pre-existing written record and not a separate surreptitious permanent record created by the state.” Therefore, the use of screenshots is not a search or seizure.
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In the case a police officer posed as a child and was sent explicit messages. A meeting was arranged with the defendant, a 32-year-old-man pretending to be 23. The defendant argued that the police officer should have obtained prior judicial authorization to record his online communications as evidence for trial.
The court said that there was “no objectively reasonable expectation of privacy” because the communication was with a child who was a stranger.
In a concurrence, two justices noted that the “screenshots … are simply a copy of the pre-existing written record and not a separate surreptitious permanent record created by the state.” Therefore, the use of screenshots is not a search or seizure.
The post Canada high court determines sexually explicit messages sent to children are unprotected appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.