Foo wrote:These two statements are reasonable and in line with consumer expectations:
"The company told Gizmodo that its policies “prohibit employees from doing anything other than what is necessary to solve the customer’s problem.” This policy doesn’t appear to comport with what the FBI’s records show—that Geek Squad hosted a meeting with federal agents and provided them with a tour of its computer repair shop. Best Buy declined to further clarify its statement."
"Best Buy told Gizmodo on Tuesday that Geek Squad repair employees discover “what appears to be child pornography” on customers’ computers nearly 100 times a year, but that it is only discovered “inadvertently” when “attempting to confirm we have recovered lost customer data.”"
Here is the problem:
"While Best Buy itself is authorized by customers to search the devices, the company’s partnership with the FBI, to some, suggests that Best Buy is effectively acting as an arm of the bureau—conducting searches that would otherwise require a probable cause warrant.
Moreover, the bounty the employees have been paid for locating illegal content may incentivize them to conduct searches that aren’t necessary to complete repairs. (As the EFF points out: “The image found on Rettenmaier’s hard drive was in an unallocated space, which typically requires forensic software to find.”)"
okay now that is a problem more in line with what I said about an employee that knowingly looked at and copied private files from computers he worked on and was fired for doing it. That is an issue and not a part of the policy. From my understanding the policy is if they come across child porn or what they believe to be child porn on a computer they are working on they are obligated to report it to the authorities. Lines get fuzzy if money is involved because that can incentivize people to actually create victims by finding illegal material on allocated space that the employee put on the device and deleted so that authorities couldn't tell who viewed it, when or when it was deleted, etc. I do think there's a fine line there. If the employees are turning in questionable material and then getting paid/rewarded as an informant (common) it would be above board. If the FBI is paying the employees ahead of time to look for questionable material to turn in, that is an issue as at that point they are a government employee. From a moral view either one should be okay because it's exposing people who are encouraging the harm of children, but the second one has an issue in that the employees have an opportunity and incentive to create an abuser where there is none.
I was arguing under the first assumption: employees are being given reward money for turning over information on a customer's computer that lead to the arrest of people who have child porn on the devices that they take in for repair.
And again, I knew of their policy of turning over illegal material found on devices for years, so I don't see that policy being at issue as I never thought it was a secret considering I was blatantly told that when I brought my computer in for repair once.
And I don't think your comparisons of a cleaning service are all that comparable.
I would say it's more in line with hiring a cleaning service to come and clean your cocaine packaging house and expecting the maid to do her job and ignore the people weighing out drugs in the one room she wasn't supposed to clean but the door was left open and she has eyes that function. Seeing something illegal and reporting it, then getting a benefit or incentive for reporting it is perfectly fine in my book. Breaking into a locked room just in case something illegal is going on because you were paid to find illegal activity is not okay.
I read about the case in question here and it makes sense to me. Because the file that was found could not be verified as having been on the computer or viewed while in posession of the doctor, the image is inadmissible as evidence. The search by geek squad, however, is still a legal search because the doctor consented to having his device searched twice, once verbally and once by signing the contract with geek squad.
https://nakedsecurity.sophos.com/2017/0 ... he-police/