nvestigators looking into steroid use by professional baseball players obtained search warrants and subpoenas for the drug tests results on 10 major league players, but they took the results on 104 players.
The Major League Baseball Players Association sued for the return of the seized results, while the government argued investigators should be able to use them since they were “in plain sight” along with the other results during the search.
I can see why the government would want to use this argument, but it would pretty much eliminate the notion that searches of computerized data are limited to the things you warrant or subpoena says your allowed to search for. Because on most systems, once you have enough authorization to search through one set of files not your own you have enough to search through almost all of them.
I think the 9th also recognized that the government’s approach would make a mockery of many prosecutions for inside-job hacking, where what makes a difference between a regular day at the office and three years in prison is whether your boss said you were allowed to look at those files that your server was perfectly willing to give you.