Once the FBI had evidence that a customer had child pornography on his or her computer, the best course of action would seem to be to go to the customer and tell him about the evidence. But the FBI routinely ordered Geek Squad employees not to tell customers they had found child pornography, which EFF considers a violation of the First Amendment. The documents also show that after the FBI started telling Geek Squad employees not to tell customers, Best Buy employees would tell customers about the child pornography without informing the FBI.
According to the documents, Best Buy relied on Geek Squad's word that the employees would preserve the customer's content. In several cases, Best Buy employees assumed that Geek Squad employees would contact the FBI when they found child pornography. The documents, however, show that many Geek Squad employees did not follow this practice. In one instance, an employee told a customer that they had found child pornography on his computer, and refused to remove anything from the hard drive unless the FBI was present. Then, later that same day, the employee told the FBI about the evidence of child pornography. When the FBI came to retrieve the customer's computer, the employee still refused to remove anything.
Best Buy says that once a customer's device was handed over to Geek Squad, it became their property. The documents reveal that Best Buy employees sometimes acted as if they had the same privacy rights as the customers. In a report after one of these incidents, an FBI agent wrote that Geek Squad employees had made copies of child pornography on the customers machine. 3d9ccd7d82