Thursday, December 07, 2017
Here is a bizarre case in Virginia where police went too far in investigating a teenager suspected of sending pornographic images of himself to an underage girl. Tom Jackman has the story in the Washington Post Dec. 6. The incident took place in Manassas in Prince William County, about 30 miles from Washington.
The cased move to the federal system and to the 4th Circuit, as a 4th Amendment issue. The 4th Circuit Ruling is here.
Saturday, November 25, 2017
Case against California doctor dismissed because original image was not illegal and subsequent searches were illegal
The child pornography possession case against a California oncologist has been dismissed after a federal judge had ruled that the original evidence used to justify his home search inadmissible (May 18). Tom Jackman has his update story in the Washington Post on p A2 on Friday, November 24, 2017. The defendant had filed suit with the help of the Electronic Frontier Foundation.
Again, it’s worthy of note that images found in unallocated space (related to deletion) may lack the metadata necessary to show possession in the eyes of the law.
Furthermore, the one image in question, allegedly of a minor female, may have constituted erotica but was not explicit enough to meet the definition of child pornography, according to the judge. There is some controversy over this, as I know other material on this issue claims that images (at least photos, not animation) intended to arouse could be considered pornographic even if they don’t “show everything.”
But the case is thrown out because all the subsequent searches of the doctor’s house were ruled illegal, and therefore inadmissible, because the original image did not meet the legal definition of child pornography.
There remains a troubling question of whether technicians at the Geek Squad center in Kentucky (where computers needing extensive repairs are sent) were paid by the FBI and may have made gratuitous examinations of the hard drives. Company policy says that technicians will not look for illegal images but must report them when found. There remains a questions as to the legal judgment of a technician as to what is an illegal image (as in this case). We’ve covered before the troubling possibility that an illegal image could be placed on a computer by malware (and there is at least one variant of ransomware that does so).
The sex trafficking issue may seem part of this, because many sex trafficking victims (especially overseas) are minors. Viewing an ad for sex trafficking would not be illegal, but responding to one might well be.
Viewing of a motion picture of video or still image (on a computer or smartphone) produced overseas could raise legal questions. In the United States, actors must certify they are 18 or over in order to act in adult films. The age may be lower in Europe. Most reputable production companies enforce the 18 year old rule overseas, but some might not, exposing the viewer to possible legal liability, it would seem.
Wednesday, November 15, 2017
Senator John Thune (R-SD) has floated an amendment t SESTA (S 1693) that would criminalize online platforms that “assist, support, of facilitate” sex trafficking, and reinforce “state of mind” provisions. The “manager’s amendment” is explained in an EFF article Nov. 3 by Sophia Cope.
Thune seems to believe his amendment will make the law less of a problem for “legitimate” hosts and forums, as they purport to implement what Thune calls a “knowing” standard.
(See correlated post today on my main "BillBoushka" blog.)
(See correlated post today on my main "BillBoushka" blog.)
Tuesday, November 07, 2017
Anthony Weiner begins sentence for criminal behavior that really had indirect unintended consequences for all "the people"
Former Congressman Anthony Weiner was sentenced to 21 months in prison for a few instances of receiving or transmitting obscene images with a minor under 16, in early 2016. Some of the images had been transmitted with apps that normally delete images after viewing.
He will also have three years of supervised release and have to register as a sex offender. CNN
CNN ran the story Sept. 25 here.
The Huffington Post reported on Nov. 6 that he had reported to start his sentence at a federal “treatment center” in Massachusetts.
Weiner’s activities wound up leading to complications during the last two weeks of the 2016 regarding the discovery of emails from Hillary Clinton to his ex wife. Had this not happened. Hillary might have won the election.
So Weiner’s conduct had accidental consequences that affected many people. This is a true example of where criminal justice is for “the people” and not just one “victim”.
Thursday, October 12, 2017
Scott McFarland of NBC Washington reports on Washington DC’s lack of a system to keep known sex offenders from resuming teaching in Washington DC. Apparently the City is unreliable in using the MASDTEC database, and other states might not find out why a teacher was dismissed. e story aired on Wednesday Oct. 11, here.
There seem to be many problems with teacher background checks. Stories about teachers started to increase around 2006, after NBC aired its series “To Catch a Predator” with Chris Hansen. Most offenders were heterosexual.
Sunday, October 08, 2017
While Backpage and Section 230 continue to provide legal controversy, zealous prosecution of those who incidentally, and perhaps inadvertently, assist sex trafficking of minors becomes a problem.
Truthout, in a long piece by Lauren Walker, describes a federal conviction of a young woman who allowed an underage minor sex worker in her mother’s apartment to change clothes and apparently have a sex act, as guilty of trafficking and is on a sex offender registry for life (link). The young woman says she was told that the other girl was an adult. All of this is fallout from the Trafficking Victims Protection Act.
One wonders if allow one's Internet connection to be used without one's knowledge for trafficking could qualify as an offense.
Thursday, September 28, 2017
Hollywood lobbies hard to hold service providers responsible for downstream liability in the Backpage-Section 230 controversy
Today, the Cato Institute held a day-long symposium in Washington DC, “The Future of the First Amendment”.
Most of the remarks about Section 230 and the recent Backpage controversy are on the “BillBoushka” blog entry.
But in a private conversation after the event, and executive from Cloudflare said that the law regarding sex trafficking already worked the same was as the law does for child pornography. That is (as Volokh suggested at lunch), intermediaries need report violations only when they know about them; they don’t have to go looking for them in advance.
He also suggested that Hollywood had been lobbying the Backpage issue deliberately to weaken Section 230, even though in the copyright world Hollywood has the benefit of a similarly structured DMCA Safe Harbor,,
Wednesday, September 13, 2017
There is an interesting quirk in the way sex offender registries are handled, with Megan’s Law. In Virginia, there is a tricky rule that realtors must disclose Megan’s law information to certain home purchasers, and it leads to a lot of convoluted advice to realtors.
The law is designed to assist purchases with any concern about already stigmatized sex offenders in an area; it does no pertain to the purchasers.
Wednesday, September 06, 2017
Some fear the "Backpage" bill could lead to almost universal requirement for age verification by most websites
Today, I posted a brief summary of an Ars Technica article by Tim Lee on my main “BillBoushka” blog about the possible effects of the bills in Congress to weaken Section 230 with regard to downsteam liability for sex trafficking ads.on some commercial websites, with less clarity of exposure for shared hosting services.
SiteLock had expressed concern about this in a private phone conversation with me last spring.
One speculative concern is the idea that websites that allow user logon to sell anything could be forced by future state laws to offer adult-id validation. This was a fight we already had with COPA, with the decision finally reached in Philadelphia in 2007 to strike it down (I attended some of the testimony in October 2006 when I heard the judge make an interesting comment about “implicit content”).
However VidAngel, itself controversial in terms of copyright issues, may have helped introduce technology to make adult screening more practical.
Thursday, August 10, 2017
I’ve gotten a few emails from a streaming company called VidAngel which offers users the capability to filter content from other streams for objectionable material. The company explains its service here.
The service appears to give parents a way to monitor content their children see with voluntary means, as opposed to depending on censorship laws in the past like CDA and COPA that have been struck down.
Filters like this might be helpful to parents concerned about trafficking risks, now controversial.
But VidAngel has been in a legal battle over DMCA and copyright with several Hollywood studios, with legal issues to be covered another time. Hollywood Reporter covers it here.
I'm placing VidAngel's own short film explaining the legal mess on my Movies blog. It's pretty complicated, and even involves North Korea.
I'm placing VidAngel's own short film explaining the legal mess on my Movies blog. It's pretty complicated, and even involves North Korea.
I did get a press release with these statements:
“"We are once again disappointed by another decision by Judge Birotte that badly misconstrued VidAngel’s allegations. During the more than seven months it took the Court to rule, there were a number of highly-publicized events showing that VidAngel’s antitrust allegations are correct, including the Directors Guild of America’s assertion of its collective bargaining agreement with the studios to force Sony to cease offering clean content to home viewers. Such events notwithstanding, the Court inexplicably denied VidAngel’s request for leave to amend its counterclaim to allege additional facts in support of its claim. We are conferring with our attorneys and will announce VidAngel's legal response to the Court’s ruling as soon as possible."
“The decision in the VidAngel case is one of many recent district court decisions across the country which have disregarded the admonition of Twombly, in which the Supreme Court expressly curtailed the role of the district court judge by limiting their ability to make factual determinations on motions to dismiss. Here the judge disregarded that rule and further incorrectly drew inferences in favor of the studios when the law requires the opposite. We believe there is a high likelihood the ruling will be overturned on appeal.”
Wednesday, August 02, 2017
Robert Portman (R-OH) and others have drafted a “Stop Enabling Sex Traffickers Act of 2017”, which would expose Internet publishing platforms and websites more exposure to downstream criminal liability to user-generated content attempting to promote sex trafficking or actually offer prostitution.
The bill is said to be more restrained than the House version presented here on April 3, 2017.
Portman has said that the bill would only affect service providers who knowingly publish sex trafficking ads or facilitate them.
The potential for unintended consequences from this bill are considerable, as I have discussed today on my “BillBoushk” blog and will follow up on Wordpress soon. Law professor Eric Goldman takes up this matter in a blog post here.
I've already emailed Electronic Frontier Foundation about this development, and noted that litigation against it could resemble those used against COPA, the Child Online Protection Act, a decade ago.
Friday, July 28, 2017
Here’s another sting case, this time a California Deputy Attorney General, as reported in “Milo News”, story.
This time, an ISP or hosting company tipped off the National Center for Missing and Exploited Children. It’s not clear if the ISP itself could have screened for watermarks.vv
Saturday, July 22, 2017
Local station WJLA in Washington continues to report arrests of school system employees arrested for abuse of minors or especially possession of child pornography.
A middle school English teacher in Fairfax VA, a young white male, was arrested for possession of child pornography, six counts, story here. This blog generally does not reproduce names of suspects until (or unless) they are convicted.
WJLA did not give details. But it appears likely that the offense was discovered by NCMEC by tracing IP addresses of downloaded watermarked images or videos, especially through P2P. That seems likely because of the low number of charged counts in this case.
I’ve had concerns that this sort of thing could happen with roommates or house guests or even Airbnb. Comcast recommends owners set up separate guest accounts for Internet connections. Verizon appears to offer OpenDNS, which can be used to prevent most unauthorized P2P.
Tuesday, June 06, 2017
Google’s sign-on page offers a link to a video “Be Internet Awesome” where a young male teacher conducts classroom exercises in Internet safety for kids, especially in situations where someone follows them.
The idea that something you say online just might be there for the rest of your life gets mentioned.
Friday, May 19, 2017
Anthony Weiner has plead guilty to sexting an underage girl. Apparently the official charge was transmitting obscene material to a minor.
He faces 21 to 27 months in prison and registration as a sex offender. That could limit where he lives and make him unable to use the Internet or smart phones. His life as he knew it is over.
Here is a story on “Above the Law”.
It is ironic, for me at least, that a “sex offender” issue would become entangled with Hillary Clinton’s emails, lead to Comey’s letter on Oct. 28, and possibly hand a national election to Trump.
I’ve documented how one of my own Internet postings was interpreted when I worked as a substitute teacher back in 2005. I thought I had not heard the last of it, but what a way for this kind of thing to come back.
Here is an earlier detailed account of my own incident.
Thursday, May 18, 2017
Following up on a story here on April 4, 2017. Tom Jackman of the Washington Post reports that a federal judge in California has thrown out key evidence in the prosecution of a doctor for possession of child pornography.
The Geek Squad technician had found an image of a naked girl who appeared to be a child in the “unallocated” space of the hard drive. The judge ruled that such an image in deleted space cannot be regarded as “possession” without other evidence.
Apparently this would mean that the subsequent searches of the doctor’s home and cell phone might have been illegal as well.
"The "Geek Squad City" in Kentucky (SW of Louisville) allegedly finds about 100 possible child pornography images a year. But Best Buy denies that Geek Squad agents look for them pro-actively or are paid by the FBI to do so. It’s a little hard to see how so many images would be found accidentally. Would a technician normally need to open the images?
Customers sign an agreement that they understand that any child pornography on a product will be turned over to authorities, as required by law. But technicians could lack good legal judgment as to what constitutes child pornography, which sometimes might even be somewhat circumstantial.
Update: June 7. 2017
Electronic Frontier Foundation is suing the FBI over Geek Squad informants under the Fourth Amendment, story.
Tuesday, May 09, 2017
Maryland state police use automated tools to detect people making illegal c.p. downloads, Eastern Shore case
Maryland State police arrested a 30-year-old man in Caroline County, on the Eastern Shore, for possession and distribution of child pornography. What seems remarkable is that the arrest apparently followed automated detection of downloads of illegal material by the Maryland Internet Crimes Against Children Task Force. This detection might have looked for digital watermarks of known images.
Reports like this are becoming more common. It might be possible to happen through misuse of someone else’s router (like if living with someone) which makes the legal responsibility even murkier, maybe dependent on state law.
The WJLA story May 6 is here.
Friday, May 05, 2017
A Washington Post Metro Section story Friday morning, Friday, May 5, 2017. shows that possibly nearly innocuous teacher contact can come back to haunt a teacher decades later.
Michael Alison Chandler and Valerie Strauss report that the private school Sidwell Friends has placed a male music teacher on leave when allegations of inappropriate touching of a female student two decades ago came to light, link here. The online version of the story uses the verb “dismissed”. Since there is no conviction for a crime and since the circumstances sound dubious, this blog won’t repeat the names involved for search engines to index.
Sidwell Friends has been a popular private school for the wealthy, including former President Obama’s daughters.
The story shows how, in conjunction with online activity as discussed here often before, a teacher’s reputation can become untenable for minor acts or possible unprovable claims many years ago.
Wednesday, April 12, 2017
SCOTUS considers North Carolina law barring convicted sex offenders from social media sites after sentences are complete
The Supreme Court is considering whether a North Carolina law barring convicted sex offenders
from social media sites (after they have completed their sentences and any probation) is constitutional. The law would bar use of any social media site that allows minors access.
The Verge has a typical story here.
The law might be overbroad, preventing use of news sites like the New York Times, that have a social networking component.
Bloomberg had a report on the oral arguments here.
Tuesday, April 04, 2017
Litigation develops over Geek Squad's reporting of child pornography to FBI, at least from a data recovery center in Kentucky
Tom Jackman has a followup on earlier reports about technicians at the Geek Squad participating in detecting child pornography on computer products turned in to them for repair. The link for the story on page A14 of the Washington Post today, Tuesday, April 4, 2017 here.
The main concern is with a repair facility in Brooks KY (near Louisville) where devices and hard drives may be sent for data recovery by customers. Court papers in a suit by a defendant (a California physician) imply that a few technicians at the Kentucky facility were paid as informants.
Any time a consumer turns in a device for repair at any Best Buy Geek Squad outlet, he or she signs a declaration about being “on notice” that any child pornography found will be turned over to authorities. But the company says technicians are not supposed to look actively for it.
There could be concerns that some images might be legally ambiguous. For example, could a gratuitous video of the pat down of a pre-teen boy by the TSA be perceived as child pornography by some people?
Again, it’s easy to imagine automated scanning tools looking for watermarked images on a drive or in Cloud storage.
It’s also possible that a virus or malware could place child pornography on a consumer’s device without his or her knowledge. I wrote a few blog posts about this possibility in the summer of 2013.
These have been rare, but there was at least one report of ransomware which does this in 2014. The legal environment in the past (more than ten years ago) used to assume “absolute liability” for possession on user computers before law enforcement began to recognize the possibility of malware being a cause.
It’s also possible to be arrested if someone hijacks a home router and uses it to down load traceable (watermarked) child pornography. The legal responsibility of users for misuse of their own routers is a gray area. It could become an issue, for example, for people who rent homes out through Airbnb.
Monday, April 03, 2017
Section 230: MO congresswoman introduces bill to amend it to give service providers more responsibility to intercept sex trafficking as well as child pornograohy
Congressperson Ann Wagner (R-MO) has introduced a bill “Allow States and Victims to Fight Online Sex Trafficking Act of 2017”, text here. I did not see an HR number yet for the bill. So far she has nine co-sponsors.
Wagner wants to amend Section 230 of the 1996 Telecommunications Act (“Communications Deceny Act”) in various ways. It will take some time to sort out the potential practical implications for ISPs and for publishing facilitators and social media companies. But the most troublesome provision seems to be the last one, which is vague (in a constitutional sense) – what is “reckless disregard”?
I do know that Google screens Gmail attachments (and probably Picasa uploads) for digital watermarks associated with known child pornographic images identified by the National Center for Missing and Exploited Children in Alexandria VA. It would seem plausible to expect companies to expand this automated screening: images are added all the time to the database when people get arrested and collections are processed by police.
Practically all reputable providers say they report child pornography if they find it. But this bill would seem to add sex trafficking to the list. That might be much harder to screen for that is c.p. But this will take some time to delve into.
“Enough Is Enough” (typical blog entry ) made a press release today.
Here is a copy of their press release today (they had no web reference for the release):
"Washington, DC –Today, Congresswoman Ann Wagner (MO) introduced a bill to amend Section 230 of the Communications Decency Act (CDA), which has been misused for years as a defense to shield facilitators of child pornography and the sex trafficking of children and women. Enough Is Enough (EIE) supports this much needed bill, intended to clarify the original intent of this provision.
“Sexual predators, traffickers, pornographers and child pornographers were the early adaptors of Internet technology and continue to use this technology to further their criminal activity. Every day children in the United States are sold for sex, often over the Internet on sites like Backpage.com.
"Unfortunately, such companies have been allowed to hide behind the CDA’s Section 230 provision originally designed to be a safe harbor defense for Internet service providers and companies that attempted ‘good faith’ efforts to protect children from exposure to Internet pornography by third parties,” said Donna Rice Hughes, President of Enough Is Enough, the non-profit organization who authored The Children’s Internet Safety Presidential Pledge signed by Donald J. Trump on July 16, 2016. In February 2017, Enough Is Enough sent the Children’s Internet Safety Presidential Proposal (CISPP) to the White House, which incorporates the original tenets of The Children’s Internet Safety Presidential Pledge and is supplemented by additional recommendations that include amending Section 230 of the CDA.
" For years, EIE has encouraged Congress to amend Section 230 of the Communications Decency Act of 1998 to allow prosecution of those who facilitate illegal commercial sex acts via the Internet, in order to thwart the practice of sex trafficking and prevent those engaged in it from profiting from the exploitation of countless children. We applaud Congresswoman Wagner’s bill and encourage Congress to take action now. This is a bi-partisan issue, which we can surely all agree on, ” continued Ms. Hughes, who voiced strong support of the 2013 effort of The National Association of Attorneys General (49 Attorneys General) calling on Congress to make a two word amendment to the CDA which would enable state prosecutors to help fight prostitution and child sex trafficking.
The CDA was the first piece of legislation by Congress, which attempted to extend the existing laws designed to protect minor children from sexual predators, hard-core obscene content and indecent pornography to the Internet world. All provisions became law with the exception of the indecency provision, which was challenged and eventually struck down by the Supreme Court. Section 230 of the CDA, nicknamed ‘The Good Samaritan Defense’, unfortunately led to the unintended consequences of gross misinterpretation by federal courts that have allowed the provision to grant immunity to companies who profit from selling sex with children and women.
"The Presidential Pledge and supporting documentation, including the signed Pledge by President-elect Trump can be found at the link above.
"EIE is urging the public to support the effort by using the hashtag #DrainTheCyberswamp on their social media channels
"Enough Is Enough® is a national bi-partisan non-profit organization who has led the fight to make the Internet safer for children and families since 1994. EIE's efforts are focused on combating Internet p*rnography, child p*rnography, sexual predation, sex trafficking, cyberbullying by incorporating a three-pronged prevention strategy with shared responsibilities between the public, Corporate America, and the legal community.".
Here's their post on Internet Safety for parents.
Well, if this isn’t enough, consider the story today in the St. Louis Post Dispatch reports that “Show Me State” attorney General John Hawley announced many other anti-trafficking measures. I’ll have to come back to this, there is too much to digest all in one meal.
Ashton Kutcher (“AplusK”) says “Real men don’t buy girls”.
Picture: By Marcus Qwertyus - Own work, CC BY-SA 3.0, Link
Wednesday, March 29, 2017
The Dallas Morning News reports on a disturbing incident at DF airport where a 13-year old boy with some developmental issues received a pat down, apparently quite publicly, that some would see as physically humiliating. The story is here.
There are videos of this incident but I won’t embed one because it could be interpreted as c.p.
One Facebook friend said she wants to give up flying out of moral support over the incident.
In 2002, I briefly considered becoming a TSA screener while still living in Minneapolis and went to a job fair. I was concerned about the pat down issue, especially because I am “public” online about my sexual orientation, by analogy to how the military “don’t ask don’t tell” was processed at the time.
Thursday, March 16, 2017
An Oklahoma GOP state senator was found in a most compromising situation, as explained in this Towleroad story.
I suppose he could say he was tempted, or that the underage was mature for his age and wanted power over him (which was a point that Milo Yiannopoulos has made before, to the great offense of many people, who don’t know the term ephebophilia).
Oklahoma is OK, except when under the gun for F5 tornadoes. When I lived in Dallas in the 80s, I got to know the state all too well.
Friday, February 24, 2017
Local station WJLA in Washington DC reports (Feb. 23) that people have been arrested for spying on minors who use the “Live me” and “Musical Ly” smart phone live streaming apps, for others.
Videos sometimes wind up in child pornography collections and some have been watermarked as known images.
Parents should supervise minors carefully when they use these (minimum age is supposed to be 16).
The Family Online Safety Institute seems to be alive and well, and was also mentioned on WJLA.
Tuesday, February 21, 2017
Explosive 1993 case about Trump had almost surfaced before election, at same time as Comey letter; more on Milo
A news report on Snopes (Nov. 4, by David Mikkelsen) was provided to me recently, regarding allegations that Donald Trump had unlawful activity with an under-consent-age female back in 1993, link here. The headline claims that the most recent litigation was dropped in November 2016, This happened November 4, four days before the election, and ironically two days before James Comey cleared Hillary Clinton on the secondary email scandal regarding the presence of her emails on a laptop associated with Anthony Weiner (himself under investigation for underage activity).
Trump can obviously say this is a dead issue, because legal due process has been followed and has cleared him.
Nevertheless, this is the sort of “scandal”, if factual, that could quickly lead to his removal from office
Ironically, this story was brought to my attention just before Milo Yiannopoulos’s world exploded yesterday based on the appearance (typical news account) of video from the “Drunken Peasants “(sounds rather Bolshevist) that “appears” to endorse sex between adult men and underage men. I say “appears” because there is a lot of deception in the way this is being reported, which I won’t try to analyze right here – but see earlier posting Feb. 9), All of this loops back to my own "implicit content" experience when I was substitute teaching back in 2005, which I have explained before (see main blog).
Saturday, February 11, 2017
Local Washington DC station reports on stepped up efforts to detect child pornography downloading in homes
Local station WUSA Channel 9 (CBS) in Washington DV aired a special report about new tools to detect users downloading child pornography. The story by Andrea McCarren and 5-minute video are available here.
The deployment of the tools is sponsored by the Child Rescue Coalition, “Protection Innocence Through Technology”.
The technology apparently depends on automatic identification of images and videos with digital watermarks provided by the National Center for Missing and Exploited Children. It is now possible to scan outgoing emails or image posts (as Google does) or even cloud services for these images.
But this particular group helps isolate IP addresses with larger numbers of flagged images. They may be servers in businesses or private homes. The IP addresses are posted to dashboards that are then turned over to law enforcement. The next step is to get a subpoena from a state court to search the electronics in a home or business.
A location in Gaithersburg MD turned up 2700 files, one in Reston VA over 1000.
Some files tend to have descriptive names that tend to suggest the taste of the collectors, which have included babies or very young children.
There are “step-by-step manuals”, one that was over 170 pages.
A few years ago, Amazon had pulled a self-published “Pedophile’s Guide” after exposure on Anderson Cooper AC360.
Thursday, February 09, 2017
Milo says that sometimes teens are aggressors in solicitation events in order to gain power over authorities
Milo Yiannopoulos has a rather shocking video from April 2016 where he seems to “admit” to “abuse” of sorts, apparently by members of the clergy, when he was a teenager.
Milo says he was the perpetrator at 14 in order to have “power” over adults (at 4:40 in the video).
That is like the setup of my screenplay “The Sub” which caused a major incident when I was substitute teaching (Main blog, July 27, 2007). There is more than one point of view about this.
Thursday, January 12, 2017
Nicholas Kristof, a journalist who focuses on poverty and third-world issues, has an op-ed on p. A31 of today’s New York Times, “A Website Peddling Girls for Sex”. He’s talking about Backpage.com.
The visitor can read the details here, but it seems that ads get edited to remove suggestions of underage girls. Credit card companies have stopped accepting transactions from Backpage. '
Kristof suggests that Section 230 of the CDA should be modified to make service providers potentially liable for underage trafficking, but I thought that this exception already existed. Meddling with Section 230 for this purpose could lead to gutting it for other reasons in a Trump administration, because Trump is not sympathetic to simultaneous online self-expression (despite his own tweeting).
Electronic Frontier Foundation weighs in on the issue today in detail here, in an article by Sophia Cope. This is a very slippery slope that we’ll have to return to again.
For the sordid details on the Senate hearings and Backpage, visit Techdirt and USA Today.
Remember Ashton Kutcher’s mantra: “Real men don’t buy girls.”
Tuesday, January 10, 2017
Best Buy reported by Washington Post as working with FBI to turn in customers possessing child pornography
Tom Jackson has a shocking story on the front page of the Washington Post Tuesday, January 10, 2017, “If a Best Buy technician is a paid FBI informant, are his searches legal?”
The specific story concerns a medical professional who turned in his laptop to a Geek Squad Best Buy outlet in California. The customer wanted the data recovered and the old hard drive was sent to a facility in Kentucky. A technician found an image of a pre-pubescent female in an unallocated space on the hard drive. The article notes that a federal appeals court recently upheld “mens rea” in a case like this; you can’t prove that the customer put it there (it could have come from malware) if in an unallocated area. Nevertheless, the consumer was indicted in 2014 (after a long delay).
A typical Geek Squad repair order contains the language “I am on notice that any product containing child pornography will be turned over to the authorities.” I have seen this on my own orders.
There would be a question as to how a technician sees an illegal image unless he looks for them.
Most repairs would not cause a technician to have a legitimate reason to look at drive contents. (Compare this to photo shops when technicians develop pictures, which used to lead to some child pornographt prosecutions.) But it would sound plausible that the FBI could enter into an agreement with a business to conduct a sting operation against a customer for which there is some prior reasonable suspicion. Images viewable in thumbnails from Windows explorer would not normally be that easy to parse at casual, happenstance first sight.
There are good questions as to what could be viewed as c.p., and when authorities would move on a content item. Images might have come from overseas, and have been produced legally according to the laws of the originating country, but would have been illegal to make in the US (if the actor was under 18). There are vagaries in the law as to how explicit an image needs to be to inspire gratuitous pruient interest. It’s possible that an image (screenshot) from a film, of minor nudity legal in a medical context or war or extreme poverty overseas, could be captured and kept for prurient personal purposes, and be viewed as illegal, but I haven’t heard of this actually happening with a specific prosecution or indictment. Theoretically, legal problems could occur with a possession of an image from a video included in another website but not made public on its own.
Update: Jan 11
WJLA-7 reported the story tonight and says it is possible that the image could have been in an unopened email. But it probably would have needed to be in some kind of preview mode. I don't preview my emails automatically and mark many as spam and don't open a lot of them. But I have no idea what could be in unopened emails..
Sunday, January 01, 2017
A member of the Virginia House of Delegates (Robert Marshall, R-Prince William County) wants to have pornography declared a public health hazard, something akin to cigarette smoking (note the irony, as Philip Morris lies on I-95 just south of Richmond), according to Laura Vozella in the Washington Post December 29, link.
He claims that pornography leads to mistreatment of women, and also to body image disorders (like body dysmorphia), which are surprisingly common even in young men.
Of course, some of this fits into debates in the past over COPA (availability of pornography to children online) and earlier, the CDA.
Utah has already declared a public health crisis over pornography.
The measure would not criminalize anything but consider public health warnings.
Virginia already has a controversy over public school teaching literary classics with sexually explicit or racist passages (like “Huck Finn”).