E.D.Ky.: Google not a state actor when it scans email for CP and reports it

Google scans all its email for child porn hash values, examines those that are suspect, and reports it to NCMEC. Neither Google nor NCMEC are government actors. United States v. Miller, 2017 U.S. Dist. LEXIS 97383 (E.D. Ky. May 19, 2017), adopted, 2017 U.S. Dist. LEXIS 97074 (E.D. Ky., June 23, 2017).

Habeas petitioner pursued her search claim in state court and lost, and that precludes habeas under Stone v. Powell. Even if she didn’t file a motion to suppress, it’s axiomatic that defendants can pursue a motion to suppress in state court. Bryant v. Warden, Ohio Reformatory for Women, 2017 U.S. Dist. LEXIS 97960 (S.D. Ohio June 26, 2017).*

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