Comment Re:When the cat's absent, the mice rejoice (Score 1) 286
I disagree.
Presuming that you subscribe to the notion that uploading child pornography should be a crime (which indeed it is by federal law), then it is not unreasonable to open an investigation into any computer located in the US which is openly offering to upload child pornography.
There is nothing wrong with "casting a wide net" in a situation like this, because the only IP's you are going to snag are those used to commit crimes. I would see it as similar to installing a license plate reader at a toll plaza that triggers an alarm when a stolen car passes by.
Now, there are some specific issues I think are relevant.
1) There is not a lot of evidence that most people who share this material are actually involved in harming children in any way.
2) Even being accused of such a crime can cause irreparable harm to someone.
3) Many of the IP's involved may be compromised in some way or used by someone who is not the owner, someone likely to suffer significant social, legal, financial, and occupational consequences even if the charges are dismissed.
But those concerns aside, what the agent did was perfectly appropriate and lawful. The conviction was thrown out not because "casting a wide net" in this regard is unconstitutional, but because he did not have law enforcement authority over civilians per the federal code, so basically, it was thrown out on a technicality designed to keep the military out of police work.