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United States v. Rosenow

33 F.4th 529, 2022 WL 1233236 (2022)

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United States v. Rosenow

United States Court of Appeals for the Ninth Circuit
33 F.4th 529, 2022 WL 1233236 (2022)

  • Written by Tiffany Hester, JD

Facts

In its terms of service, Yahoo, an electronic messaging provider, stated that it stored all user communications and shared communications for criminal investigations and when otherwise required by law. Carsten Igor Rosenow (defendant) used Yahoo’s services to communicate with and buy child sex services from human traffickers in the Philippines. Yahoo learned about Rosenow’s activities and told the Federal Bureau of Investigation (FBI). The FBI then asked Yahoo to preserve Rosenow’s private communications related to Rosenow’s sex trafficking, pursuant to the Electronic Communications Privacy Act, which requires electronic communication service providers (ESP) to comply with government requests to preserve electronic evidence in the ESP’s possession pending a legal process. Yahoo complied. Eventually, the FBI obtained a search warrant for Rosenow’s electronic devices, which revealed evidence of Rosenow’s child sex-trafficking activity. The United States indicted and convicted Rosenow for attempted child sexual exploitation and child-pornography possession. Rosenow appealed, arguing that the FBI’s preservation request to Yahoo was an unreasonable seizure of Rosenow’s property in violation of the Fourth Amendment.

Rule of Law

Issue

Holding and Reasoning (Forrest, J.)

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