![]() In June 2015, defendant Luke Wilson attached four images containing CSAM to an email on his Gmail account. The fact that the government can easily provide such information in future cases, nullifying the Ninth Circuit’s analysis in this one, reveals that current Fourth Amendment jurisprudence does not provide meaningful protection against the government’s ever-increasing power to conduct digital surveillance and that Congress shoulders the responsibility of protecting citizens’ digital privacy rights. The Ninth Circuit correctly applied precedent in this case, but only because the government did not provide adequate evidence to demonstrate the accuracy of Google’s CSAM screening process. the Ninth Circuit held that the government violated the defendant’s Fourth Amendment rights when it viewed - without a warrant - images he had attached to an email that Google flagged as “apparent child pornography.” 9 × 9. But as service providers have started to help law enforcement search for CSAM, courts have struggled to apply Fourth Amendment doctrines that were developed in physical search cases to digital contexts. Some electronic communication service providers have responded by actively screening content on their platforms for CSAM. to notify the National Center for Missing and Exploited Children (NCMEC) when they discover “apparent violation” of laws prohibiting CSAM. The law requires “electronic communication service provider remote computing service providers” 4 × 4. (PROTECT Act) to enlist large technology companies in the fight against CSAM. 4229 (codified as amended in scattered sections of 18 and 34 U.S.C.). In 2008, President Bush signed the PROTECT Our Children Act of 2008 2 × 2. See generally Ateret Gewirtz-Meydan et al., The Complex Experience of Child Pornography Survivors, 80 Child Abuse & Neglect 238 (2018). The rise of digital media has unleashed a flood of Child Sexual Abuse Material (CSAM) across the internet, and with it, the horrible shame and vulnerability that haunt survivors of such abuse.
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