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August 28, 2015 - 6:30 PM
KAMLOOPS — The B.C. Court of Appeal dismissed a man’s request to overturn his conviction on several child porn charges because of his right to privacy.
David Caza was convicted in 2012 after police discovered he was participating in an international exchange of child pornography images online. To avoid detection by police, Caza renewed his ex-roommate’s Shaw internet package under the roommate’s name and used the IP address to access an online hosting site for child porn images.
Police caught Caza after catching two others involved in the exchange. An undercover officer assumed the online identity of one of the people arrested and engaged with Caza on the site. Caza offered to send images to the undercover officer. Police obtained Caza’s IP address and requested his Kamloops home address on Columbia Street from the internet company which turned it over to authorities.
Caza was designated as a long-term offender and handed a seven-year jail sentence.
In a decision on his appeal, issued today, Aug. 28, Caza argued authorities violated his privacy rights because police never obtained a warrant to request his address from Shaw.
The appeal court found that Caza did not have a right to privacy because there "was no reasonable expectation of privacy in the subscriber information associated with the IP address.”
The court also dismissed Caza's claim to privacy in the appeal on the fact that Caza “fraudulently hijacked” his former roommate’s account.
To contact a reporter for this story, email Glynn Brothen at gbrothen@infonews.ca, or call 250-319-7494. To contact the editor, email mjones@infonews.ca or call 250-718-2724.
News from © iNFOnews, 2015