U.S. v. BOSYK

No. 18-4302.

933 F.3d 319 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Nikolai BOSYK, Defendant-Appellant. Electronic Frontier Foundation, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2019.


Attorney(s) appearing for the Case

ARGUED: William Davis Ashwell , MARK B. WILLIAMS & ASSOCIATES, PLC, Warrenton, Virginia, for Appellant. Fletcher Nathaniel Smith III , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Stephanie Lacambra , ELECTRONIC FRONTIER FOUNDATION, San Francisco, California, for Amicus Curiae. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Lauren Britsch , Trial Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Sophia Cope , Andrew Crocker , Aaron Mackey , ELECTRONIC FRONTIER FOUNDATION, San Francisco, California, for Amicus Curiae.

Affirmed by published opinion. Judge Diaz wrote the majority opinion, in which Judge Richardson joined. Judge Wynn wrote a dissenting opinion.


The basic facts are these. One day, a link appeared on a secretive online message board. Accompanying the link was a message describing its contents unmistakably as child pornography, as well as numerous thumbnail images depicting sexual molestation of a female toddler. And if you clicked the link, it took you, as promised,...

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