Police tracked the computer’s IP address from the restaurant’s Wi-Fi system, which led officers to a man who lived near the restaurant and had given Simons a computer, according to a probable cause affidavit filed in Lane County Circuit Court. Investigators obtained a warrant to search the laptop in Simon’s home, relying on information they had collected over time. He was subsequently arrested.

On March 26, the court ruled warrantless internet surveillance on public Wi-Fi violates privacy.

In an opinion written by Justice Bronson D. James, the court held that the Oregon Constitution recognizes people have a right to privacy in their internet browsing activities and the right is not extinguished when they use a publicly accessible wireless network. It’s even true in cases where that access is conditioned on a person accepting a terms-of-service agreement that says a provider may monitor activity and cooperate with law enforcement, James wrote.

During criminal proceedings in the Lane County Circuit Court, Simons moved to controvert the warrant and suppress the evidence obtained by police, arguing the business was a “state actor for purposes of Article I, section 9, and that its year-long warrantless surveillance was an unconstitutional, warrantless search attributable to the state,” the Supreme Court opinion said.

The Circuit Court denied Simon’s motion. The Oregon Court of Appeals affirmed the trial court’s decision in part and stated Simons had no cognizable privacy interest in his internet activities performed on a third-party network.