What if child porn is encountered during research?

[wesleymcgrew at gmail.com (Robert McGrew)]

On Thu, Sep 10, 2009 at 4:37 PM, Jim Halfpenny <jim.halfpenny at gmail.com> wrote:

> The child exploitation issue asside, researchers can be exposed to all sorts
> of material of value to law enforcement. Suppose you obtain a copy of an
> online banking trojan, you have evidence of a crime and something that the
> posession of which could entail legal liability. By the same measure
> shouldn't this be reported to the police? Here there is a higher probability
> that the evidence could provide law enforcement with a lead but the subject
> matter being far less emotive leads me to believe far fewer people would
> stand up and say you absolutely must report this crime.

The difference here is that possession of a malware sample isn't
illegal, while child pornography is considered contraband.  By law, in
a very all-encompassing way, possession of child pornography is
illegal, no matter the intent or means by which it got into your
possession.  You're at the mercy of law enforcement and prosecutors
deciding whether or not to charge you with that crime (something that
they understand and don't pursue lightly, in my experience).

While you are correct about the emotions involved influencing peoples'
decisions on this (and rightfully so, it's a much more heinous crime),
there are very serious legal differences as well.

I'm not a lawyer, and this isn't legal advice.

-- 
Wesley McGrew
http://mcgrewsecurity.com