Last month I wrote on the Caballes drug case. On Tuesday the former head of the US DoJ's computer crimes squad wrote Of Dog Sniffs and Packet Sniffs. In his article Mark Rasch says:
"[T]he search by the dog into, effectively, the entire contents of a closed container inside a locked trunk, without probable cause, was 'reasonable' even though the driver and society would consider the closed container 'private' because the search only revealed criminal conduct.
The same reasoning could easily apply to an expanded use of packet sniffers for law enforcement."
Since Rasch is a Senior Vice President and the Chief Security Counsel (i.e., a lawyer) at Solutionary Inc., he may be on to something. The comments on Mark's article by those not trained as lawyers are in some cases amusing. He responds to several of them.
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