Man’s privacy rights not violated after Google flagged child porn, Wisconsin Supreme Court rules

on February 25, 2026

Google did not violate a Google Photos user's rights when it reported child sexual abuse material in his library that was used to criminally charge him, the Wisconsin Supreme Court determined on February 24th when it upheld a Palmyra man’s child pornography conviction after he argued — unsuccessfully — that Google had violated his privacy.

The court said in a unanimous decision that Google's actions did not implicate Andreas Rauch Sharak's rights under the U.S. Constitution's Fourth Amendment by flagging his content.

Google, which scans user content for potential child sexual abuse material, flagged four of Rauch Sharak's files to the National Center for Missing & Exploited Children in 2021. The group forwarded Google's tip to the Wisconsin Department of Justice, and a sheriff discovered the images on Rauch Sharak's phone after executing a search warrant based on the tip.

The state charged him with 15 counts of possession of child sexual abuse material. Rauch Sharak argued Google violated his Fourth Amendment rights by searching his files as a government actor without a warrant.

Justices concluded a warrant was not needed to access the files because Google was acting as a private entity, rather than as an extension of the government. And the court said it was OK for law enforcement to view those files because the sheriff’s office had not expanded the scope of Google’s search of Rauch Sharak’s account.

In 2024, Rauch Sharak pleaded guilty to five counts of possessing child pornography. A Jefferson County judge sentenced him to three years behind bars, but agreed to hold off on the start of Rauch Sharak’s time in prison pending his appeal.

In a similar ruling in State v. Gasper, the Wisconsin Supreme Court concluded another Wisconsin’s man privacy rights were not violated in a separate child pornography case. In that case, the Waukesha County Sheriff’s Department viewed a video without a warrant after it was flagged by Snapchat.