mailing list archives
Re: Re: kiddie porn warning [was: Fwd: Re: montspace -- child porn (site still up)]
From: Eddie <lists () blocked org>
Date: Tue, 18 Apr 2006 08:55:42 -0500
The following only pertains to US jurisdictions. Also, I am not a
lawyer, only citing public documents.
Michael Holstein wrote:
Guys, please refrain from going to that site or downloading it. In
some western countries just having CP on your PC means your life can
be completely ruined without much further evidence or investigation
wget to STDOUT would be safe in such situations, no?
You can't "see" an image rendered that way, unless you're Rain Man and
can mentally reassemble a JPG from text.
The issue isn't whether or not you "see" the images, the issue is
whether you have communicated the images. wget-ing would still move the
image to you. Granted that displaying to STDOUT would not leave that
image in a retrievable form, however, do you want the Feds coming to
your home/place of business and seizing your equipment for review?
Motive is irrelevant. Leave this to the proper authorities.
Tried that .. emailed both the FBI and Interpol on three occasions ..
and received no response. Perhaps if I picked up the phone and just
talked to the dialtone .. then their evesdroppers would pick it up and act?
PS: This begs the larger question on what, as a network operator do we
do when we "stumble" upon such things? .. are we guilty just because we
found it by accident (in this case, because some dipass posted a URL
without warning as to the content) .. and try to be proactive in dealing
with the problem (while simultaneously reporting it to the authorities)?
From the CFR § 81.12 'Submission of reports to the "Cyber Tipline" at
the National Center for Missing and Exploited Children'
(a) When a provider of electronic communications services or remote
computing services to the public ("provider") obtains knowledge of facts
or circumstances concerning an apparent violation of Federal child
pornography statutes designated by 42 U.S.C. 13032(b)(1), it shall, as
soon as reasonably possible, report all such facts or circumstances to
the "Cyber Tipline" at the National Center for Missing and Exploited
Children Web site (http://www.CyberTipline.com), which contains a
reporting form for use by providers.
(b) A provider should initially call the National Center for Missing and
Exploited Children to receive an identification number and a password
that will enable it to log on to the section of the "Cyber Tipline" that
is designed for provider reporting.
42 U.S.C. referenced above is:
§ 13032. Reporting of child pornography by electronic communication
(a) Definitions. In this section--
(1) the term "electronic communication service" has the meaning
given the term in section 2510 of title 18, United States Code; and
(2) the term "remote computing service" has the meaning given the
term in section 2711 of title 18, United States Code.
(1) Duty to report. Whoever, while engaged in providing an
electronic communication service or a remote computing service to the
public, through a facility or means of interstate or foreign commerce,
obtains knowledge of facts or circumstances from which a violation of
section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, United
States Code, involving child pornography (as defined in section 2256 of
that title), or a violation of section 1466A of that title, is apparent,
shall, as soon as reasonably possible, make a report of such facts or
circumstances to the Cyber Tip Line at the National Center for Missing
and Exploited Children, which shall forward that report to a law
enforcement agency or agencies designated by the Attorney General.
(2) Designation of agencies. Not later than 180 days after the date
of enactment of this section [enacted Oct. 30, 1998], the Attorney
General shall designate the law enforcement agency or agencies to which
a report shall be forwarded under paragraph (1).
(3) In addition to forwarding such reports to those agencies
designated in subsection (b)(2), the National Center for Missing and
Exploited Children is authorized to forward any such report to an
appropriate official of a state or subdivision of a state for the
purpose of enforcing state criminal law.
(4) Failure to report. A provider of electronic communication
services or remote computing services described in paragraph (1) who
knowingly and willfully fails to make a report under that paragraph
shall be fined--
(A) in the case of an initial failure to make a report, not more
than $ 50,000; and
(B) in the case of any second or subsequent failure to make a
report, not more than $ 100,000.
(c) Civil liability. No provider or user of an electronic communication
service or a remote computing service to the public shall be held liable
on account of any action taken in good faith to comply with or pursuant
to this section.
(d) Limitation of information or material required in report. A report
under subsection (b)(1) may include additional information or material
developed by an electronic communication service or remote computing
service, except that the Federal Government may not require the
production of such information or material in that report.
(e) Monitoring not required. Nothing in this section may be construed to
require a provider of electronic communication services or remote
computing services to engage in the monitoring of any user, subscriber,
or customer of that provider, or the content of any communication of any
(f) Conditions of disclosure of information contained within report.
(1) In general. No law enforcement agency that receives a report
under subsection (b)(1) shall disclose any information contained in that
report, except that disclosure of such information may be made--
(A) to an attorney for the government for use in the performance
of the official duties of the attorney;
(B) to such officers and employees of the law enforcement agency,
as may be necessary in the performance of their investigative and
(C) to such other government personnel (including personnel of a
State or subdivision of a State) as are determined to be necessary by an
attorney for the government to assist the attorney in the performance of
the official duties of the attorney in enforcing Federal criminal law; or
(D) where the report discloses a violation of State criminal law,
to an appropriate official of a State or subdivision of a State for the
purpose of enforcing such State law.
(2) Definitions. In this subsection, the terms "attorney for the
government" and "State" have the meanings given those terms in Rule 54
of the Federal Rules of Criminal Procedure.
Seriously, it's best to not attempt to do anything with the websites,
other than report. DON'T SEND SAMPLES. You'd be surprised how many
people get into trouble with State/local law enforcement for sending
samples which is itself a violation of federal law.
Full-Disclosure - We believe in it.
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