The Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires (the "Court") rejected a request to annul a criminal proceedings made by a defendant, holding that those who share files by means of a free code application have no expectation of privacy (Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires, Division II, Docket 9464-03-13, "V, J. D et al – violation section 128 of Criminal Code).

The accused had requested that the entire proceedings be found null, on the grounds that the authorities had gained knowledge of the crime in question in violation of his private information and without the proper judicial warrant. He stated that foreign security forces had accessed , his personal computer without authorization and control of the Argentine judicial authority in order to obtain the information used to accuse him.

The Court held that the investigation was initiated on the basis of the complaint made by police officers, who stated that Interpol had obtained indications of user connections from different countries (including Argentina) that shared child pornography through the "PTP" software. In this case, the files were shared with different users specifically through a program called "EP ", which is a free code application. That is to say, that anyone who runs the same program can access the shared files.

Therefore, according to the ruling of the Court, electronic files shared online with countless unidentified people cannot be likened to correspondence or private papers. The Court emphasized that anyone downloading the application "EP" was able to access files shared there. In this sense, the expectation of privacy of those who share material in this manner is null.

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