From: www.wired.com

A divided 11-judge federal appeals court panel has dramatically narrowed the government’s search-and-seizure powers in the digital age, ruling Wednesday that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals’ 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Ideally, when searching a computer’s hard drive, the government should cull the specific data described in the search warrant, rather than copy the entire drive, the San Francisco-based appeals court ruled. When that’s not possible, the feds must use an independent third party under the court’s supervision, whose job it would be to comb through the files for the specific information, and provide it, and nothing else, to the government.

Judges, the appellate court added, should be wary of prosecutors and perhaps “deny the warrant altogether” if the government does not consent to such a plan in data-search cases.

The ruling came in a case that dates to 2004, when federal prosecutors probing a Northern California steroid ring obtained warrants to seize the results of urine samples of 10 pro baseball players at a Long Beach, California drug-testing facility. The players had been tested as part of a voluntary drug-deterrence program implemented by Major League Baseball.