Exhibit C 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 1 of 18
AO 93 (Rev. 11/13) Search and Seizure Warrant 

UNITED STATES DISTRICT COURT 

for the 

District of Arizona 

In the Matter of the Search of ) 

(Briefly describe the property to be searched ) 

or identify the person by name and address) ) Case No. 

Servers conducting activity for DesertNet/Backpage.com ) 

located at 1855 North 6th Avenue, Tucson, Arizona ) 

85705 ) 

SEARCH AND SEIZURE WARRANT 

To: Any authorized law enforcement officer 

An application by a federal law enforcement officer or an attorney for the government requests the search 

of the following person or property located in the District of Arizona 

(identify the person or describe the property to be searched and give its location): 

As described in Attachment A. 

I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property 

described above, and that such search will reveal (identify the person or describe the property to be seized): 

As described in Attachment 8. 

YOU ARE COMMANDED to execute this warrant on or before 0 L/ - t °t, d-D \ ~ (not to exceed 14 days) 

~in the daytime 6:00 a.m. to 10:00 p.m. 0 at any time in the day or night because good cause has been established. 

Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the 

person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the 

property was taken. 

The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an ip.ventory 

as requir~d b. y law and pro1!1-ptly return this warr~t and inventory to a.,,, ..... *' '(\~~, ~_)__ Cb-= CA.., '•""\H&;= Q 

~ h..-> ~ ~~ ~ ~ , ~ 'fYmtetHJtates iViagmt'tfls fudge) 

CT Pursuant to 18 U.S.C. § 3 l03a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C. 

§ 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose 

property, will be searched or seized (check the appropriate box) 

0 for __ days (not to exceed 30) 0 until, the facts justifying, the later ~ecific date of _'_· _________ _ 

Dateandtimeissued 4[<1 ~ Zf}[g S'°s;;I ,V\ ~)aj~- · Judge 's signature 

City and state: Phoenix, Arizona U.S. Magistrate Judge Eileen S. Willett 

Printed name and title 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 2 of 18
Attachment A 

1855 N. 6th Avenue, Tucson, Arizona 

The business where Backpage servers are stored and managed. 

The location to be searched is described as a business located in 

Tucson, Arizona. The address is 1855 N. 6th Avenue, Tucson, 

Arizona 85701. The name of the business is Login LLC. 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 3 of 18
Attachment B 

Items to be seized 

The following records, devices and data involved in and/or evidencing violations of 18 U.S.C. § 

1952 (Travel Act) during the period from January 2010 to the present: 

1. Computers or storage media used as a means to commit the violations described above, 

including promotion of prostitution and sex trafficking using and interstate facility in violation 

of 18 U.5.C. § 1952. 

2. For any computer or storage medium whose seizure is otherwise authorized by this warrant, 

and any computer or storage medium that contains or in which is stored records or information 

that is otherwise called for by this warrant (hereinafter, "COMPUTER"): 

a. evidence of who used, owned, or controlled the COMPUTER at the time the 

things described in this warrant were created, edited, or deleted, such as logs, registry entries, 

configuration files, saved usernames and passwords, documents, browsing history, user 

profiles, email, email contacts, "chat," instant messaging logs, photographs, and 

correspondence; 

b. evidence of software that would allow others to control the COMPUTER, such 

as viruses, Trojan horses, and other forms of malicious software, as well as evidence of the 

presence or absence of security software designed to detect malicious software; 

c. evidence of the lack of such malicious software; 

d. evidence indicating how and when the computer was accessed or used to 

determine the chronological context of computer access, use, and events relating to crime 

under investigation and to the computer user; 

e. evidence indicating the computer user's state of mind as it relates to the crime 

under investigation; 

f. evidence of the attachment to the COMPUTER of other storage devices or 

similar containers for electronic evidence; 

g. evidence of counter-forensic programs (and associated data) that are designed 

to eliminate data from the COMPUTER; 

h. evidence of the times the COMPUTER was used; 

i. passwords, encryption keys, and other access devices that may be necessary to 

access the COMPUTER; 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 4 of 18
j. documentation and manuals that may be necessary to access the COMPUTER or 

to conduct a forensic examination of the COMPUTER; 

k. records of or information about Internet Protocol addresses used by the 

COMPUTER; 

I. records of or information about the COMPUTER's Internet activity, including 

firewall logs, caches, browser history and cookies, "bookmarked" or "favorite" web pages, 

search terms that the user entered into any Internet search engine, and records of user-typed 

web addresses; 

m. 

attachment. 

contextual information necessary to understand the evidence described in this 

3. Any Routers, modems and network equipment owned by Backpage.com, Website 

Technologies, LLC or related business entities or specifically dedicated to connecting the 

computers described above to the Internet. 

As used above, the terms "records" and "information" includes all forms of creation or storage, 

including any form of computer or electronic storage (such as hard disks or other media that 

can store data); any handmade form (such as writing); any mechanical form (such as printing or 

typing); and any photographic form (such as microfilm, microfiche, prints, slides, negatives, 

videotapes, motion pictures, or photocopies). 

The term "computer" includes all types of electronic, magnetic, optical, 

electrochemical, or other high speed data processing devices performing logical, arithmetic, or 

storage functions, including desktop computers, notebook computers, mobile phones, tablets, 

server computers, and network hardware. 

The term "storage medium" includes any physical object upon which computer data 

can be recorded. Examples include hard disks, RAM, floppy disks, flash memory, CD-ROMs, and 

other magnetic or optical media. 

i 

J 

I 

I ii 

I 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 5 of 18
AO 106 (Rev. 04110) Application for a Search Warrant 

UNITED STATES DISTRICT COURT 

In the Matter of the Search of 

{Briefly describe the property to be searched or identify the person by name and address) 

for the 

District of Arizona 

~ ) Case No. 

Servers conducting activity for DesertNet/Backpage.com 

located at 1855 North 6th Avenue, Tucson, Arizona 

85705 

~ ) 

APPLICATION FOR A SEARCH WARRANT 

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under 

penalty of perjury that I have reason to believe that on the following person or property (identify the perso11 or describe the 

property to be searched and give its location): 

As described in Attachment A. 

located in the District of Arizona , there is now concealed (identify the ---- - --- -----------~ 

person or describe the property to be seized): 

As set forth in Attachment B. 

The basis for the search under Fed. R. Crim. P. 41 ( c) is (check 011e or more): 

~evidence of a crime; 

~contraband, fruits of crime, or other items illegally possessed; 

0 property designed for use, intended for use, or used in committing a crime; 

0 a person to be anested or a person who is unlawfully restrained. 

The search is related to a violation of: 

Code Section Offense Description 

Title 18 U.S.C. Section 1952 Travel Act 

The application is based on these facts: 

As set forth in Affidavit of FBI Special Agent Amy Fryberger incorporated herein by reference. 

0 Continued on the attached sheet. 

0 Delayed notice of days (give exact ending date if more than 30 days: ) is requested ----- under 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet. 

Reviewed by AUSA Margare eter qlrnc 

Amy Fryberger, SA FBI 

Pri11ted name qpd title 

Sworn to before me and signed in my presence. 

Date: 

Judge 's signature 

City and state: Phoenix, Arizona U.S. Magistrate Judge Eileen S. Willett 

Printed name and title 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 6 of 18
Attachment A 

1855 N. 6th Avenue, Tucson, Arizona 

The business where Backpage servers are stored and managed. 

The location to be searched is described as a business located in 

Tucson, Arizona. The address is 1855 N. 6th Avenue, Tucson, 

Arizona 85701. The name of the business is Login LLC. 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 7 of 18
Attachment B 

Items to be seized 

The following records, devices and data involved in and/or evidencing violations of 18 U.S.C. § 

1952 (Travel Act) during the period from January 2010 to the present: 

1. Computers or storage media used as a means to commit the violations described above, 

including promotion of prostitution and sex trafficking using and interstate facility in violation 

of 18 U.S.C. § 1952. 

2. For any computer or storage medium whose seizure is otherwise authorized by this warrant, 

and any computer or storage medium that contains or in which is stored records or information 

that is otherwise called for by this warrant (hereinafter, "COMPUTER"): 

a. evidence of who used, owned, or controlled the COMPUTER at the time the 

things described in this warrant were created, edited, or deleted, such as logs, registry entries, 

configuration files, saved usernames and passwords, documents, browsing history, user 

profiles, email, email contacts, "chat," instant messaging logs, photographs, and 

correspondence; 

b. evidence of software that would allow others to control the COMPUTER, such 

as viruses, Trojan horses, and other forms of malicious software, as well as evidence of the 

presence or absence of security software designed to detect malicious software; 

c. evidence of the lack of such malicious software; 

d. evidence indicating how and when the computer was accessed or used to 

determine the chronological context of computer access, use, and events relating to crime 

under investigation and to the computer user; 

e. evidence indicating the computer user's state of mind as it relates to the crime 

under investigation; 

f. evidence of the attachment to the COMPUTER of other storage devices or 

similar containers for electronic evidence; 

g. evidence of counter-forensic programs (and associated data) that are designed 

to eliminate data from the COMPUTER; 

h. evidence of the times the COMPUTER was used; 

i. passwords, encryption keys, and other access devices that may be necessary to 

access the COMPUTER; 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 8 of 18
j. documentation and manuals that may be necessary to access the COMPUTER or 

to conduct a forensic examination of the COMPUTER; 

k. records of or information about Internet Protocol addresses used by the 

COMPUTER; 

I. records of or information about the COMPUTER's Internet activity, including 

firewall logs, caches, browser history and cookies, "bookmarked" or "favorite" web pages, 

search terms that the user entered into any Internet search engine, and records of user-typed 

web addresses; 

m. 

attachment. 

contextual information necessary to understand the evidence described in this 

3. Any Routers, modems and network equipment owned by Backpage.com, Website 

Technologies, LLC or related business entities or specifically dedicated to connecting the 

computers described above to the Internet. 

As used above, the terms "records" and "information" includes all forms of creation or storage, 

including any form of computer or electronic storage (such as hard disks or other media that 

can store data); any handmade form (such as writing); any mechanical form (such as printing or 

typing); and any photographic form (such as microfilm, microfiche, prints, slides, negatives, 

videotapes, motion pictures, or photocopies). 

The term "computer" includes all types of electronic, magnetic, optical, 

electrochemical, or other high speed data processing devices performing logical, arithmetic, or 

storage functions, including desktop computers, notebook computers, mobile phones, tablets, 

server computers, and network hardware. 

The term "storage medium" includes any physical object upon which computer data 

can be recorded. Examples include hard disks, RAM, floppy disks, flash memory, 'CD-ROMs, and 

other magnetic or optical media. 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 9 of 18
AFFIDAVIT IN SUPPORT OF SEIZURE WARRANT 

I, Amy L. Fryberger, being duly sworn, hereby depose and state as follows: 

I. Training and Experience 

1. I am currently assigned to the Federal Bureau oflnvestigation's (FBI) Phoenix, 

Arizona Field Office. I have been employed by the FBI as a Special Agent for ten years. As part 

of my responsibilities, I am charged with investigating violations of statutes applying to human 

trafficking. Prior to working human trafficking cases, I was assigned to work national security, 

gang, and drug investigations. During the course of my career as a Special Agent with the FBI, I 

have participated in the execution of numerous search warrants, seizure warrants, and arrests of 

individuals for violation of federal law. 

2. I am familiar with the facts and circumstances described herein. This affidavit is 

based upon my personal involvement in this investigation, my training and experience, and 

information obtained from various law enforcement personnel and witnesses, including 

information that has been reported to me either directly or indirectly, but does not purport to set 

forth my complete knowledge or understanding of the facts related to this investigation. Unless 

specifically indicated otherwise, all conversations and statements described in this affidavit are 

related in substance and in part only. 

II. The Federal Indictment 

1. On March 28, 2018, an Federal Grand Jury in Arizona returned a 93 count 

indictment charging Backpage.com, LACEY, LARK.JN, SPEAR and others for violations of 

Title 18, United States Code, Section 371 (Conspiracy); Title 18, United States Code, Sections 

1952(a)(3)(A) (Travel Act-Facilitating Prostitution); and Title 18 U.S.C. §§ 1956 and 1957, 

Concealment, International and Transactional Money Laundering and Conspiracy to Commit 

Money Laundering. A copy of the indictment is attached as Exhibit A. 

2. The indictment alleges that LACEY, LARKIN, SPEAR and others conspired to 

use the internet to commit violations of the Travel Act, specifically, that they knowingly 

facilitated the commission of prostitution related offenses that are in violation with state or local 

laws though the internet by operating Backpage.com. The next 50 counts allege individual 

violations of the Travel Act. Each count relates to a specific advertisement that was posted on 

Backpage where LACEY, LARKIN, SPEAR and others are alleged to have knowingly attempted 

to facilitate prostitution crimes by permitting the ads to be posted. The remaining counts in the 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 10 of 18
indictment allege several types of money laundering as well as a conspiracy to commit money 

laundering. 

III. Purpose of Application for Seizure Warrant 

1. This affidavit is made in support of an application for a search warrant based on 

probable cause to search the following locations for records and materials believed to have been 

used to supp01t violations of the above referenced crimes. 

i. Subject Location 1: The business where business servers are located, 

namely Login, Inc. located at 1855 North 6th Avenue, Tucson, Arizona 85705 (futther described 

in Attachment A). 

IV. Facts in Support of Probable Cause 

1. A federal grand jury found LACEY, LARKIN, SPEAR and others were involved 

in a conspiracy to use the internet to facilitate prostitution. From my involvement in this 

investigation, I believe the business servers located at DesertNet will contain evidence that 

LACEY, LARKIN, SPEAR and others violated the Title 18, United States Code Section 1952 

(Travel Act). 

1. DesertNet, LLC is an outside web development firm that Backpage has 

contracted with for years. DesertNet performs many substantial tasks and functions for 

Backpage, including backing up data, configuring the site's operation, as well as troubleshooting 

payment and posting issues. DesertNet is a customer of Login, LLC ("Login"). 

11. Login, LLC recently purchased their own property at 1855 N. 6th Avenue, 

Tucson, Arizona. Login, LLC is listed at 1855 N. 6th Avenue, Tucson, Arizona on 

Peeringdb.com. The building pennits issued for this property are recent and list a ')ob name" as 

Login Data Center. Additionally, Login listed this address on a job posting 25 days ago with the 

blurb " .. .just completed construction on the finest co location datacenter in Southern Arizona. 

The new office and datacenter are conveniently situated minutes from both the University of 

Arizona and downtown Tucson." A utility check was conducted on April 4, 2018, that revealed 

the utilities are paid by Login. 

111 . Each advertisement on Backpage promoting the exchange of sex for 

money is a violation of the Travel Act. In a review of Backpage documents such as Backpage's 

fixed asset listing, it was discovered that between 2013 - 2015, Backpage purchased several 

servers described as DesertNet servers. Based on the Internet Protocol ("IP") address, the 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 11 of 18
servers have been maintained by DesertNet, at a third party facility in Tucson, Arizona from 

2013 until present. 

iv. The servers contain current and historical content of the ads that were 

posted on Backpage. The servers contain all versions of an advertisement that a user attempts to 

post on Backpage. If an ad is stripped of certain words or if a photograph is removed, the server 

will maintain the original form of the ad. The server also maintains user payment information. 

v. DesertNet programs Backpage's computers and configures the website's 

operations. For example, when Backpage was in the practice of moderating or editing its ads, 

DesertNet programmed the computers to automatically strip out certain words that indicated 

prostitution or child sex trafficking such as "amber alert," "young," and "teen," from ads. When 

Backpage added or deleted words from its strip out list, DesertNet would program the computers 

accordingly. 

2. Computer hardware, software, documentation, passwords and data security 

devices may be important to a criminal investigation in two distinct important respects: (1) the 

objects themselves may be instrumentalities, fruits, or evidence of crime(s ), and/or (2) the 

objects may have been used to collect and store information about crimes in the form of 

electronic data. Rule 41 of the Federal Rules of Criminal Procedure permits the government to 

search and seize computer hardware, software, documentation, passwords, and data security 

devices which are (1) instrumentalities, fruits, or evidence of crime; or (2) storage devices for 

information about a crime. 

V. Search Methodology to be Employed 

1. As noted within this search warrant, it would be extremely difficult, if not 

impossible to conduct a thorough on-site review of all of the potential evidence in this case. 

Given these constraints, the search methodology to be employed is as follows: 

l. All computers, computer hardware and any form of electronic storage that 

could contain evidence described in this warrant will be seized for an off-site search for evidence 

that is described in the attachments of this warrant. It is anticipated that mirror copies or images 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 12 of 18
of such evidence will be made if the failure to do so could otherwise potentially alter the original 

evidence. 

11. Consistent with the information provided within this affidavit, contextual 

info1mation necessary to understand the evidence and to establish admissibility of the evidence 

in subsequent legal proceedings will also be sought by investigative agents. 

m. Additional techniques to be employed in analyzing the seized items will 

include ( 1) surveying various file directories and the individual files they contain; (2) opening 

files to detennine their contents; (3) scanning storage areas, (4) performing key word searches 

through all electronic storage areas to determine whether occurrences of language contained in 

such storage areas exist that are likely to appear in the evidence described in this affidavit and its 

attachments, and (5) performing any other data analysis techniques that may be necessary to 

locate and retrieve the evidence described in this affidavit and its attachments. 

2. Because it is expected that the computers, computer hardware and any form of 

electronic storage media may constitute (1) instrumentality of the offense, (2) fruit of criminal 

activity, (3) contraband, or (4) evidence otherwise unlawfully possessed, it is anticipated that 

such evidence will not be returned to the owner and that it will be either forfeited or ultimately 

destroyed in accordance with the law at the conclusion of the case. 

l. Because of the large storage capacity as well as the possibility of hidden 

data within the computers, computer hardware and any form of electronic storage media, it is 

anticipated that there will be no way to ensure that contraband-free evidence could be returned to 

the user/possessor of the computer, computer hardware or any form of electronic storage media, 

without first wiping such evidence clean. Wiping the original evidence clean would mean that 

the original evidence would be destroyed and thus, would be detrimental to the investigation and 

prosecution of this case. 

11. Further, because investigators cannot anticipate all potential defenses to 

the offenses in this affidavit, and as such, cannot anticipate the significance of the evidence that 

has been lawfully seized pursuant to this warrant, it is requested that all seized evidence be 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 13 of 18
retained by law enforcement until the conclusion of legal proceedings or until other order of the 

court. 

i. If after careful inspection investigators determine that such computers, computer 

hardware and electronic storage media do not contain (1) instrumentality of the offense, (2) fruit 

of criminal activity, (3) contraband, (4) evidence otherwise unlawfully possessed, or (5) evidence 

of the person who committed the offense and under what circumstances the offense was 

committed, then such items seized will be returned. 

VI. Conclusion 

Based on the facts and circumstances stated above, there.is probable cause to believe that 

items of evidence derived from illicit activity is located in the aforementioned location. 

Subscribed to and sworn to me 

this 5 day of April, ~O 18 

c;~ A ' 11 / 1 rru I '(LJ .1Y iJ;::/~ 

Honorable Eileen S. Willett 

United States Magistrate Judge 

Amy L. Fryberger 

FBI Special Agent 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 14 of 18
EXHIBIT A 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 15 of 18
Exhibit A of the government’s Application is the Indictment, available at Dkt. 3 (filed March 

28, 2018), and removed here for purposes of this Exhibit. 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 16 of 18
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

In Re Search of Servers conducting 

activity for DesertNet/Backpage.com No. 

located at 1855 North 6th Avenue, Tucson, 

Arizona 85705 

\~ _ q \~\ ('(\~ 

ORDER TO SEAL 

(Under Seal Pursuant to LRCiv. 79.l(g)) 

Based upon the United States of America's Motion to Seal, and good cause 

appearmg, 

IT IS ORDERED that the United States' application for a search warrant, the 

affidavit and all attachments in support thereof, the motion to seal, this Order, search 

warrant, and search warrant return, except for complying with Fed. R. Crim. P. 41(f), be 

filed under seal for 180 days from the file date of the search warrant unless extensions are 

granted by the Court. 

DATED this 

~ ':?- day of April, 2018. 

HO ORABLE EILEEN S. WILLETT 

United States Magistrate Judge 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 17 of 18
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ELIZABETH A. STRNAGE 

First Assistant United States Attorney 

District of Arizona 

MARGARETPERLMETER 

Assistant U.S. Attorney 

Arizona Bar No. 024805 

Two Renaissance Square 

40 N. Central Ave., Suite 1800 

Phoenix, Arizona 85004 

Telephone: 602-514-7500 

Email: Margaret.Perlmeter@usdoj.gov 

Attorney for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

In Re Search of Servers conducting 

activity for DesertNet/Backpage.com No. 

located at 185 5 North 6th Avenue, Tucson, 

Arizona 85705 

\Y;;-C\\'d-'l rn~ 

MOTION TO SEAL 

(Under Seal Pursuant to LRCiv. 79.l(g)) 

The United States of America moves this Court for an Order sealing the 

application for a search warrant, the affidavit and all attachments in support thereof, this 

motion to seal and resulting order, search warrant, and search warrant return, except for 

complying with Fed. R. Crim. P. 41(f), for 180 days from the file date of the search 

19 warrant unless extensions are granted by the Court. Disclosure would reveal the 

20 existence of, and details concerning, an ongoing investigation and may lead to the 

21 destruction of evidence and/or flight by the subjects of the investigation. 

22 

23 Respectfully submitted this 4th day of April, 2018. 

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ELIZABETH A. STRANGE 

First Assistant United States Attorney 

District of Arizona 

urrlt'-" MARGA~~METER ~ Assistant U.S. Attorney 

Case 2:18-cr-00422-DJH Document 643-4 Filed 06/19/19 Page 18 of 18