State v. Andreas W. Rauch Sharak

Summary

The Wisconsin Supreme Court held that Google acted as a private actor, rather than an instrument or agent of the government, when it scanned the defendant’s Google Photos files and reviewed files flagged as child sexual abuse material. Because law enforcement repeated the private search without exceeding its scope, the court held that no warrant was required before officers viewed the files in the CyberTip. The court affirmed the defendant’s judgment of conviction and declined to decide whether he had a reasonable expectation of privacy under Google’s terms of service.

Holdings

1. Google acted as a private actor, not as an instrument or agent of the government, when it scanned Rauch Sharak's files and an employee opened and viewed files flagged as child sexual abuse material.
2. Law enforcement did not need a warrant before opening and viewing the files in the CyberTip because its review repeated Google's private search without exceeding its scope.

Questions Presented

1. Whether Google acted as an instrument or agent of the government when it scanned Rauch Sharak's files and a Google employee opened and viewed files flagged as child sexual abuse material.
2. Whether law enforcement needed a warrant before opening and viewing files that Google sent to the National Center for Missing & Exploited Children.
3. Whether Rauch Sharak had a reasonable expectation of privacy in files held by Google under the account's terms of service.

Disposition

affirmed