U.S. Appeals Court Delivers Key Ruling on PC Privacy at Work

SAN FRANCISCO — A federal appeals court has ruled that an employee whose office was not shared with coworkers and was kept locked had a reasonable expectation of privacy in his workplace computer.

But the 9th U.S Circuit Court of Appeals also said in an opinion published Wednesday that the employee’s 4th Amendment right wasn’t violated when a warrantless search turned up a history of child porn visits on the company PC.

Employee Brian Ziegler, who worked for third-party online processor Frontline Processing, had appealed to the higher court after he failed to win a motion to suppress evidence from the U.S. District Court over his 2001 arrest by the FBI.

(A Frontline executive told XBIZ that the Montana-based company does not process online adult accounts.)

Ziegler came to the agency’s attention when the owner of Frontline’s ISP notified the FBI that a Frontline employee had visited child porn websites from a workplace computer, court documents said.

Ziegler, who was the company’s director of operations, pled not guilty and moved to suppress the images retrieved from the search of his workplace computer after being indicted on charges of receiving and possessing child porn in May 2003.

In court documents, Frontline employees said they obtained a key to Ziegler’s private office from a Frontline executive and opened the computer, making two copies of the hard drive.

Later, the employees voluntarily turned over the content to the FBI, explaining that all of the company-owned PCs in the office were routinely monitored.

The FBI explained in a court filing that because the company voluntarily turned over the PC, which had numerous cache images of child porn, it had no need to ask for a search warrant.

On rehearing, the 9th Circuit said that the federal judge was correct in denying the motion to suppress evidence, but the three-judge panel arrived at the conclusion on different grounds from U.S. District Court.

The circuit judges said that Ziegler did have a reasonable expectation of privacy in his office and workplace computer, but the search of his workplace computer was excepted from the constitutional warrant requirement because it was authorized by an officer of the company.

Judge Diarmuid F. O’Scannlain, who wrote for the panel, explained in the ruling that warrantless searches are valid where the government obtains voluntary consent either from the criminal suspect or from a third party with “common authority” over the premises or items the government seeks to inspect.

O’Scannlain also said that Frontline exercised common authority over Ziegler’s computer because it had complete administrative access to all of its employees’ computers and, with employees’ knowledge, had installed a firewall to monitor their Internet traffic.

“Although Ziegler retained a legitimate expectation of privacy in his workplace office, Frontline retained the ability to consent to a search of Ziegler’s office and his business computer. And because valid third-party consent to search the office and computer located therein was given by his employer, the district court’s order denying suppression of the evidence of child pornography existing on Ziegler’s computer is affirmed.”

The case is U.S. vs. Ziegler, 05-30177.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Show More