In a rare move, a federal court in Idaho recently ordered a software developer's computer seized and its contents copied without prior notice because the developer described himself as a "hacker" on his website.
Judge Lynn Winmill, of the U.S. District Court for the District of Idaho, issued the ruling even as he acknowledged it was "very rare" and "extraordinary." Nonetheless, he maintained it was necessary under the circumstances.
"The tipping point for the Court comes from evidence that the defendants—in their own words—are hackers," Winmill wrote. "By labeling themselves this way, they have essentially announced that they have the necessary computer skills and intent to simultaneously release the code publicly and conceal their role in that act."
The ruling has potential Fourth Amendment implications against unreasonable search and seizure and involves Battelle Energy Alliance and Southfork Security, a software startup established this year by former Battelle employee Corey Thuen.
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