« on: March 27, 2026, 09:55:29 am »
Had to shorten the actual title:
Oregon Supreme Court Rules Internet Browsing Activity Protected Under State Constitution
Oregon's top court threw out a Lane County conviction after ruling that a business secretly tracked a man's public Wi-Fi browsing for over a year without a warrant.
Ellie Harper
3/26/2026
The Oregon Supreme Court ruled that tracking the internet activity of 73-year-old Randall de Witt Simons violated the Oregon Constitution's protections against unreasonable searches and seizures, overturning a Lane County conviction in a decision that reshapes digital privacy rights statewide.
Simons had accessed the internet using a publicly available Wi-Fi network operated by a local A&W restaurant near his home, and access to that network required users to acknowledge terms of service. Simons was first arrested in 2019, after the business reported suspicious activity on its public Wi-Fi network and police instructed it to record his internet activity over a one-year period. That surveillance eventually provided the foundation for a warrant to search Simons's home laptop, leading to his arrest and conviction on multiple counts of encouraging child sexual abuse.
The opinion, authored by Justice Bronson D. James, held that Article I, section 9, of the Oregon Constitution recognizes a privacy right in internet browsing activity that does not simply vanish because a person connects through a public network. ... It further reasoned that "the mere fact that a person accesses the internet through a public network does not eliminate their Article I, section 9, right to privacy in their online activities" — a protection that holds even when the network's terms of service explicitly warn of monitoring and cooperation with law enforcement. ...
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