United States v. Lowe

Detective Allman learned that someone was using a particular Internet Protocol (IP) address to share child pornography. He subpoenaed AT&T for information. AT&T’s records listed James Lowe of Athens, Tennessee, as the account holder. During a search, officers seized a Dell laptop with the username “Stacy” (Lowe’s wife) from the bedroom, an HP laptop with the username “Jamie” from the office, and a desktop from the office. Michael, a minor relative, lived with them during 2011 but moved out before agents searched the home in August. FBI Agent McFall examined the hard drives and discovered that only the HP laptop contained child pornography. He found 639 image files and 176 video files depicting child pornography on the device. Its settings did not require users to enter a password to access the “Jamie” account or any files. The laptop automatically connected to the home’s wifi through a stored wireless password. The Shareaza peer-to-peer file-sharing program was installed in February 2011. The Sixth Circuit reversed Lowe’s conviction for knowingly receiving, distributing, and possessing child pornography, 18 U.S.C. 2252(a), agreeing that no rational juror could find beyond a reasonable doubt that he knew about the files or procured the. View "United States v. Lowe" on Justia Law