What if child porn is encountered during research?

[mick at pauldotcom.com (Michael Douglas)]

I think it's a great point that Jim's bringing up here... each place
has a different set of laws... (please see a lawyer)

Interesting fact: In the US, we have the right to avoid self
incrimination.  Commonly called "pleading the 5th".  -- I.E., normally
I can't be forced to rat on myself.  What's really interesting, is
that many places * DO NOT * have such protections.  In Canada if an
officer or court asks you a question, you may (depending on
circumstances) be held "at the Queen's pleasure" until you cooperate.

(subliminal message)
So given the PecuLiaritiEs of All Sorts of thE law, you really Should
nEEd to Acquire the services of a LocAl laW (specificallY cyber)
reviewER.
(end subliminal message)



Final note about the reporting issue:
non-tech Folks think the internet is brimming with all forms of filth
and smut.  You accidentally running into it really isn't that far
fetched.  I mean everyday folks get all sorts of objectionable spam...
while it's rarely illicit/illegal, it certainly sets the expectation
that sunshine and lollipops don't come out the end of cat5 cables.
Finding CP and reporting it while a hassle -- is certainly much better
than the world of hurt of finding CP, deleting it, and then having
someone finding out you had such materials and did nothing.






On Thu, Sep 10, 2009 at 4:00 PM, Jim Halfpenny <jim.halfpenny at gmail.com> wrote:
> 2009/9/10 Michael Douglas <mick at pauldotcom.com>
> > <warning -- I'm getting on my high horse>
> >
> > I'm *very* concerned with your approach, mostly from a moral
> > standpoint. ?If my turning over files is helpful in breaking a case,
> > or just building a case, it is WELL worth the minor inconvenience of
> > handing files over. ?Just deleting files and walking away is not
> > something I would ever encourage.
> >
> > "All that is necessary for the triumph of evil is that good men do
> > nothing." (Edmund Burke)
> >
> > <off high horse>
>
> On reflection here's an example of what could happen to you if you're in the
> UK. You present your findings to the police who take a dim view of your
> possession of child pornography and you are formally cautioned but
> subsequently released and no further action is taken. You have no right of
> appeal against cautions, they cannot be expunged and these will appear on
> any police background checks. Apply for a forensics job (or any other job
> for that matter) and your prospective employer will see this on your record
> and you're screwed.
>
> The police in the UK already investigate child pornography and no doubt they
> have people looking at anonymisation, darknets and offline trafficking. I
> fear stumbling upon material and submitting it to local law enforcement may
> potentially have a negative impact on ongoing investiagtions at a national
> level.
>
> I don't want to justify inaction or turning a blind eye but I'm not sure if
> the risks outweigh the effort of providing CP images of unknown origin and
> without any context other than they are being transfered over Tor. If I
> owned a compromised web proxy for example that had been used to download CP
> I would inform law enforcement immediately. I would not contact law
> enforcement if someone posted CP on 4chan.
>
> Jim
>
>
>
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