Here is an interesting opinion from the Sixth about the reasonable expectation of privacy in items transmitted or available through Limewire (or similar P2P programs). There is none, compared to other ways stuff gets onto a computer – in the Sixth.
Defendant had no reasonable expectation of privacy in his computer from police accessing it via Limewire when he was hooked up to the Internet. He did not create an expectation of privacy from his efforts to hide files on his computer. Warshak has no application to this situation. United States v. Conner, 2013 U.S. App. LEXIS 7437, 2013 FED App. 0365N (6th Cir. April 11, 2013)[.]
The court references United States v. Warshak, 631 F.3d 266 (6th Cir. 2010).
Generally speaking, computer users have a reasonable expectation of privacy in data stored on a home computer. Guest v. Leis, 255 F.3d 325, 333 (6th Cir. 2001). Conner argues that under United States v. Warshak, 631 F.3d 266 (6th Cir. 2010) (en banc), third-partyaccess to information on one’s computer is consistent with a reasonable expectation of privacy in that information. In Warshak, we agreed that the government could not compel a commercial ISP to turn over the contents of a subscriber’s e-mails without a warrant because subscribers “enjoy a reasonable expectation of privacy in the contents of emails,” even though an ISP has the ability to view the contents of e-mail prior to delivery. 631 F.3d at 288.
Here is a link to EFF’s amicus in Warshak.
h.t fourthamendment blog.