What if child porn is encountered during research?

[kdpryor at gmail.com (Ken Pryor)]

Speaking as a law enforcement officer, I can tell you that where I live you
would most likely be referred to me as I'm the "go to" guy for computer
crimes and forensics for my department.  I think these days, as someone else
wrote, most departments have internal or external people they consult
regarding things like this.  I would not recommend you just wipe it, but I
can understand why someone would want to.  Most police departments will
understand that if you're reporting it, you probably didn't go looking for
it or intend to have it.  Just the same, I would talk to a lawyer anyway,
because you may always get that one cop stuck in the old days who treats you
like the bad guy.  It's good to get legal advice from someone looking out
for your interests.
Ken

On Thu, Sep 10, 2009 at 8:42 AM, Michael Douglas <mick at pauldotcom.com>wrote:

> Jim, at one point that was the attitude of law enforcement.  I know, I
> was there... it was fugly.
>
> But unfortunately, the volume of these sorts of issues is such that
> *every* police department i've worked with in the past 5 years has a
> computer forensics "go-to guy" either internal or external.  As a
> result, assuming you approach them correctly, you're not going to get
> any flack.  I know... I'm there now.
>
> <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>
>
>
> Again, please get a lawyer!  You have to know what protections you
> have in your jurisdiction.
> - Mick
>
>
>
> On Thu, Sep 10, 2009 at 7:42 AM, Jim Halfpenny <jim.halfpenny at gmail.com>
> wrote:
> > 2009/9/10 Michael Dickey <lonervamp at gmail.com>
> > > Personally, I think I would wipe it clean off. That's not something I'd
> > > like to ever mess with or run afoul of.
> > >
> > > But there may be value in forensically examining the files or the
> victims,
> > > so it might be best to report the incident and turn over evidence.
> >
> > I for one would not expect a friendly or sympathetic response from law
> > enforcement if I approached them with such evidence. My gut instinct is
> to
> > securely delete and ignore, grave though the crime may be. If you are not
> a
> > law enforcement officer it's not your business to investigate crimes and
> > doing so could land you in hot water. IANAL but I don't think you are
> duty
> > bound to report a crime if the only report you can give is, "Paedophiles
> are
> > using anonymising tools on the Internet."
> >
> > Consult legal council. You may wish to document incidents where you are
> > inadvertantly exposed to such material and keep a copy of this log with a
> > solictor should you ever get into trouble.
> >
> > Jim
> >
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