N.D.Ohio: “Closed” file sharing network still has no reasonable expectation of privacy in one’s computer

File sharing over a “closed” network has slightly more of an expectation of privacy, but it still is not reasonable. Others have access to one’s computer, and that means the others can let still others in. United States v. Sawyer, 786 F. Supp. 2d 1352 (N.D. Ohio 2011):

In the current case, however, where a person shares files over a “closed” network — in which only pre-approved friends have access — an expectation of privacy is somewhat more reasonable. Unlike in an open program, where any user can see and download the files, Defendant Sawyer’s files were only visible to his “friends.” [Doc. 23-1 at 1-3.] Nonetheless, despite the program affording some greater degree of privacy, the rationale of the decisions analyzing open file sharing programs is still persuasive here and the Court finds that Sawyer did not have an objectively reasonable expectation of privacy in the files that were shared over GigaTribe. United States v. Ladeau, 2010 U.S. Dist. LEXIS 34218, 2010 WL 1427523, at *1-5 (D. Mass. Apr. 7, 2010) (holding an individual using GigaTribe has no reasonable expectation of privacy in the information that they share). Once Defendant Sawyer granted his “friends” access to his files, he had no control over the manner in which his friends used that access. Id. The Supreme Court “consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Smith, 442 U.S. at 743-44; ….