Online File Sharing And Absence Of Privacy Expectation

Author:Mr Diego Fernandez and Fernando Fravega
Profession:Marval O'Farrell & Mairal
 
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The Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires (the "Court") rejected a request to annul a criminal proceedings made by a defendant, holding that those who share files by means of a free code application have no expectation of privacy (Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires, Division II, Docket 9464-03-13, "V, J. D et al - violation section 128 of Criminal Code).

The accused had requested that the entire proceedings be found null, on the grounds that the authorities had gained knowledge of the crime in question in violation of his private information and without the proper judicial warrant. He stated that foreign security forces had accessed , his personal computer without authorization and control of the Argentine judicial authority in order to obtain the information used to accuse him.

The Court held that the investigation was initiated on the basis of the complaint made by police officers, who stated that Interpol had obtained indications of user connections from different countries (including...

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