| I don't think that would be reasonable, but I also don't think that is analagous. For starters, that hypothetical search warrant is too broad to be executed. Keep in mind, I'm not saying that I believe that the FBI executed this seizure correctly. I'm saying that based on third-hand limited information, I don't think it's possible to rule out the possibility that what they did was warranted. If you showed up to perform this acquisition and were able to deduce that the targets you were going after were blades in an HP chasis in a specific rack, and let's say those blades aren't identifiable within the chasis (like oh say, maybe the IP address isn't noted), it might be within reason to take the chasis and all the blades for that specific chasis. It might also be within reason that if you can identify which specific blades are part of your acquisition, you take those, and also the chasis they are plugged into (but not the other blades, although they are now sitting on a table in a datacenter somewhere, not plugged into anything). All we know is that customers of that same provider who were stored in the same datacenter were taken offline. Marco doesn't actually know that his blade server was physically taken, he just knows that it was brought offline. |
Physical proximity is simply not a valid justification in either situation.
If the courts and/or the FBI are unable to understand this, the remedy is to get them educated and not to simply accept the consequences of overly-broad warrants or seizures.