|A Best Buy Geek Squad Volkswagen New Beetle. (Photo credit: Wikipedia)|
The EFF also posted to their members blog the reasons why they wish to uncover these informants.
The reasoning from EFF's post:
"Sending your computer to Best Buy for repairs shouldn’t require you to surrender your Fourth Amendment rights. But that’s apparently what’s been happening when customers send their computers to a Geek Squad repair facility in Kentucky.
We think the FBI’s use of Best Buy Geek Squad employees to search people’s computers without a warrant threatens to circumvent people’s constitutional rights. That’s why we filed a Freedom of Information Act (FOIA) lawsuit today against the FBI seeking records about the extent to which it directs and trains Best Buy employees to conduct warrantless searches of people’s devices. Read our complaint here [PDF].
EFF has long been concerned about law enforcement using private actors, such as Best Buy employees, to conduct warrantless searches that the Fourth Amendment plainly bars police from doing themselves. The key question is at what point does a private person’s search turn into a government search that implicates the Fourth Amendment. As described below, the law on the question is far from clear and needs to catch up with our digital world."
At no point did the FBI get warrants based on probable cause before Geek Squad informants conducted these searches. Nor are these cases the result of Best Buy employees happening across potential illegal content on a device and alerting authorities.