The “Digital Witch Hunt”: How Internet Tips Are Shredding Your Privacy in Orlando

By: John Guidry

Historically, witch hunts have not been a good thing. Innocent people have suffered under extreme conditions because they were “different” or “misunderstood.” Today, that focus has shifted away from non-traditional religious practices and into something everybody can agree is perverted—the possession of child pornography.

The current state of the law in 2025 is scary. Simply viewing child porn is illegal in Florida. Pretty soon, just thinking about it will be enough to get you in trouble. I understand the logic—if you cut off the demand, the supply will decrease. But as any Orlando defense expert will tell you, this isn’t Economics 101. This is a perversion, not a market-driven industry, and massive prison terms haven’t made a dent in its production.

My concern is that the government’s quest to find this material is diminishing our constitutional rights by setting the bar for search warrants dangerously low.

Facing a search warrant based on an internet “tip” in Orlando? In 2025, the State is using automated algorithms to bypass the Fourth Amendment. Call John Guidry today at (407) 423-1117.

The “Citizen Informant” Loophole: State v. Woldridge

In the landmark case of State v. Woldridge, 958 So. 2d 455 (Fla. 2d DCA 2007), a search warrant was issued based on a tip from the National Center for Missing and Exploited Children (NCMEC), which got its info from America Online (AOL).

The problem? No human being actually “verified” this tip. It was an automated report from an Internet Service Provider (ISP). In most criminal cases, a tip from an anonymous source isn’t enough to get into someone’s house. But in Woldridge, the court treated AOL as a “citizen informant.”

Under Florida law, a citizen informant’s reliability is presumed. Because federal law requires ISPs to report this material, the court decided we don’t need to check if the tip is actually accurate. They basically said, “If it’s from a big tech company, it must be true.”

The 2025 Update: AI-Generated Tips and the “Stale” Warrant Rule

As we move through 2025, the Woldridge logic is being pushed to its breaking point. In the recent case of State v. McNeela (Fla. 2d DCA 2023), the court reaffirmed that tech giants like Microsoft act as “presumptively reliable” citizen informants.

• The Automated Witness: Today, AI and automated “hash-matching” algorithms are the ones sending tips to NCMEC. We have reached a point where an automated email from a server in another country can be enough to violate the sanctity of your home.
• The 10-Day Rule: There is a silver lining. In the recent 2025 decision Moschella v. State (Fla. 2d DCA 2025), the court threw out a child porn conviction because the police waited more than 10 days to execute the search warrant. Under F.S. § 933.05, a warrant is “stale” and invalid after 10 days—no matter what they find.
• Generated Child Pornography (F.S. § 827.072): In 2025, Florida law has expanded to include “generated child pornography.” This means if a computer-generated image looks like a minor, it’s a third-degree felony—even if no actual child was ever involved.

John’s Takeaways for 2025

• The Neutral Magistrate Myth: The Constitution requires a “neutral and detached” judge. But too often, if a judge sees the words “child porn,” they ask “where do I sign?” without looking at the reliability of the tech that generated the tip.
• Automation is Not Infallible: How many “error” emails do you get a day? In 2025, we challenge the reliability of these automated tips by demanding to see the specific “hash-match” data and the software’s error rates.
• The “Intentionally Viewing” Requirement: Under F.S. § 827.071, the State must prove you intentionally viewed the material. If a malicious script downloaded files without your knowledge, that is a total failure of proof.
• The “Citizen Informant” Fight: Just because AOL or Microsoft is considered a “citizen informant” doesn’t mean their software is always right. We use 2025 forensic experts to show that automated hashes can produce “false positives.”
• Regional Reality: In Orange and Seminole County, the Internet Crimes Against Children (ICAC) task force is more active than ever. They are using these automated tips to execute “knock and talk” searches every week.

The justice system is harsh, and it is a “sad but true” fact that the internet has become a goldmine for overzealous prosecutors. I’ve been defending Central Florida residents since 1993, and I know that the “witch hunt” stops when we hold the government to the actual words of the Constitution.

Was your home searched based on an NCMEC tip? Call John at (407) 423-1117.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.