Just to be clear on this, notifying LE on this is not only the right
thing to do, NOT doing so can be tried in court as criminal. It's along
the same lines as seeing someone beaten or murdered and not reporting
it. The Law Enforcement I deal with make child porn a priority,
although it's true they are also very busy.
-- Ralph Durkee, CISSP, GSEC, GCIH, GSNA, GPEN
Adrian Crenshaw wrote:
My fear is that I'd get a hold of someone in law enforcement that has
no ability to understand the research I plan to do, and I'd just end
up on their radar as someone to watch. Having to contact LE everytime
a small peice of contraband is encountered would make the research
impossible, but that may be the only way to do it legally.
Adrian
On Thu, Sep 10, 2009 at 7:59 AM, Michael Douglas <[email protected]
<mailto:[email protected]>> wrote:
Actually upon reflection, I'm changing my story somewhat. You *need*
to turn it in & you need to see a lawyer too. (NOT IN THAT ORDER!)
This is the best I can remember the quote from Special Agent Rob White
(damn skilled white hat & an all around nice guy)
"This data is contraband. You cannot just destroy it and walk away.
Imagine finding a kilo of coke at work. Very few would simply flush it
down the toilet and pretend nothing ever happened. Same with this data
(we were talking about kiddie porn and other data which is simply
illegal) you have to handle it correctly, you have to report it"
I'd still talk with a lawyer first if for nothing else, it will help
you understand what rights *you* have and what the law enforcement
group you turn the data (again I really think you should) is and is
not permitted to do.
Also, you need to be aware that things have shifted with regard to how
child porn is handled by law enforcement. It has been my unfortunate
experience that I've had to deal with this multiple times in my
career. What's sad, is that it seems all police forces have now dealt
with this issue enough that they have good policies and procedures and
are now able to handle things in a highly professional manner. so the
chances of them saying things like "oh lookie here! and how come you
have this sonny?" are almost nil.
Best of luck!
- Mick
On Thu, Sep 10, 2009 at 6:54 AM, Jack Daniel<[email protected]
<mailto:[email protected]>> wrote:
> Echoing Mick's answers- talk to a lawyer, and your local
Infragard is
> probably a good resource. Do not make assumptions as to what
would or
> would not be of value to law enforcement, allow the investigators to
> make those decisions.
>
> I am not a lawyer...but I would stop and document what I had
done and
> what I thought I had found as soon as I discovered something
> potentially ugly and stop my investigation- then make contact with
> legal and/or law enforcement before proceeding.
>
> Jack
>
>
>
> On Thu, Sep 10, 2009 at 12:00 AM, Michael Douglas
<[email protected] <mailto:[email protected]>> wrote:
>> You *need* to consult a lawyer.
>>
>> Also it helps if you can reach out to your local law enforcement
>> community *before* you get in such a situation. The local
InfraGard
>> chapter is pretty good where I'm at so I was able to get to
know the
>> agents who covered these cases.
>>
>> Excellent question, but I don't think there's a stock answer...
>>
>> - Mick
>>
>> On Wed, Sep 9, 2009 at 9:49 PM, Adrian
Crenshaw<[email protected] <mailto:[email protected]>> wrote:
>>>
>>> While doing research on anonymizing networks, what is the best
policy to
>>> follow concerning inadvertently captured contraband (child
porn, copyright
>>> infringing files, etc.)? In the case of child porn, the
authorities should
>>> be notified under normal circumstances, but with anonymizing
networks the
>>> origin of the files is hard if not impossible to determine.
Would it be
>>> correct to just wipe the data after research on the network is
done? As I
>>> understand it, even having it on your hard drive because of
peripherally
>>> relevant research would be a crime.
>>>
>>> Adrian
>>>
>>> _______________________________________________
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