Accidentally Downloaded Child Porn

lol downloading porn…

[quote]thunderbolt23 wrote:

[quote]anonym wrote:

In the first case, the whole “this was an accident/the only time this has ever happened” bit strikes me as being bull, as well. The FBI stated they can’t comment on it, but my guess is that the kids computer showed up on their radar more than once.[/quote]

Yes - the federal statute has an affirmative defense that permits possession of no more than three “matters” of child porn - which means an “oops” download doesn’t have to get you in trouble - in addition to other mitigating actions an offender can take (i.e., alerting the authorities).

Moreover, mere possession isn’t a violation - this is not a strict liability crime. The prosecutor would have to prove that the offender “knowingly” possessed it, and my guess is that the prosecuting attorney had his guns loaded, given the offender’s plea.

This story is only a “tragedy” if you believe the offender’s story without an ounce of hesitation - the Lixies and Orions of the world will nod in vacant agreement with his story of “accidentally” downloading - folks with functioning brain stems understand the context a little better.[/quote]

If anything, this explains why the FBI waited a year before coming to his door. He probably got his IP address flagged with that file download and they spent the rest of the time building a case.

[quote]anonym wrote:

If anything, this explains why the FBI waited a year before coming to his door. He probably got his IP address flagged with that file download and they spent the rest of the time building a case.[/quote]

Exactly right and a great point.

[quote]Doingmybest wrote:
Onedoes not “accidentally” download CP.
We have excellent laws regarding child pornography.
There is no mandatory minumum for possession. He should consider himself fortunate.[/quote]

I downloadad some when Kazaa was still the hottest download tool around.

Can absolutely happen.

[quote]thunderbolt23 wrote:

[quote]anonym wrote:

In the first case, the whole “this was an accident/the only time this has ever happened” bit strikes me as being bull, as well. The FBI stated they can’t comment on it, but my guess is that the kids computer showed up on their radar more than once.[/quote]

Yes - the federal statute has an affirmative defense that permits possession of no more than three “matters” of child porn - which means an “oops” download doesn’t have to get you in trouble - in addition to other mitigating actions an offender can take (i.e., alerting the authorities).

Moreover, mere possession isn’t a violation - this is not a strict liability crime. The prosecutor would have to prove that the offender “knowingly” possessed it, and my guess is that the prosecuting attorney had his guns loaded, given the offender’s plea.

This story is only a “tragedy” if you believe the offender’s story without an ounce of hesitation - the Lixies and Orions of the world will nod in vacant agreement with his story of “accidentally” downloading - folks with functioning brain stems understand the context a little better.[/quote]

Your porn downloading skills are underwhelming.

What if I download more than 3 files at once and went to sleep while they download?

What if 1 file contains several hundred pictures?

How would I prove that this was not my collection after the tracker has been deleted?

I have no idea whether the kid in question is guilty of more than just one accidental download or not, but the concept of going to jail for some accidental shit is pretty frightening.

I keep seeing ads for Webroot’s Window Washer. Is that as good as the Eraser program you suggested?

[quote]orion wrote:
This is why data shredders were invented.

Here is a good one, let them try to restore this:

http://eraser.heidi.ie/[/quote]

[quote]Damici wrote:
I have no idea whether the kid in question is guilty of more than just one accidental download or not, but the concept of going to jail for some accidental shit is pretty frightening.

I keep seeing ads for Webroot’s Window Washer. Is that as good as the Eraser program you suggested?

[quote]orion wrote:
This is why data shredders were invented.

Here is a good one, let them try to restore this:

http://eraser.heidi.ie/[/quote]
[/quote]

Dont ask me, I am not an expert.

There are sites though where some serious geeks discuss things like that.

All I have are some simple tricks and general paranoia.

[quote]borrek wrote:

[quote]Headhunter wrote:

[quote]orion wrote:
This is why data shredders were invented.

Here is a good one, let them try to restore this:

http://eraser.heidi.ie/[/quote]

That’s interesting.

How does it work? I’m not a computer guy, but I would think everyone should be on the lookout for crap like what that kid got stuck with.
[/quote]

A normal file deletion just erases a file’s entry in the allocation table. Basically it only deletes the “table of contents” entry, but the file itself still exists. After subsequent use, the file gets overwritten bits and pieces at a time.

A program made to totally delete a file will not just delete the table of contents entry, but will then go to where the file existed on the hard-drive and copies it over with all 1’s or all 0’s. When I worked at Air Force Research Labs, the cyber group there told me they can recover parts of a file even if it has been overwritten 40 times.

One time at work I accidentally formatted a hard drive that controlled some expensive equipment, so I ran a data recovery program, and next thing I know, there were 2700 hard core porn images on the drive. Turns out the drive was factory reconditioned, and the pictures were put on there years ago, and it was then wiped to be used for a new computer.[/quote]

Question: Lets say you delete a file, and then fill up your HDD. Will the file be gone because it was written over?

[quote]orion wrote:

[quote]thunderbolt23 wrote:

[quote]anonym wrote:

In the first case, the whole “this was an accident/the only time this has ever happened” bit strikes me as being bull, as well. The FBI stated they can’t comment on it, but my guess is that the kids computer showed up on their radar more than once.[/quote]

Yes - the federal statute has an affirmative defense that permits possession of no more than three “matters” of child porn - which means an “oops” download doesn’t have to get you in trouble - in addition to other mitigating actions an offender can take (i.e., alerting the authorities).

Moreover, mere possession isn’t a violation - this is not a strict liability crime. The prosecutor would have to prove that the offender “knowingly” possessed it, and my guess is that the prosecuting attorney had his guns loaded, given the offender’s plea.

This story is only a “tragedy” if you believe the offender’s story without an ounce of hesitation - the Lixies and Orions of the world will nod in vacant agreement with his story of “accidentally” downloading - folks with functioning brain stems understand the context a little better.[/quote]

Your porn downloading skills are underwhelming.

What if I download more than 3 files at once and went to sleep while they download?

What if 1 file contains several hundred pictures?

How would I prove that this was not my collection after the tracker has been deleted?[/quote]

Can you even download file bundles like that with limewire? Back when I used to use it, it was for single files only (except maybe if you search for zip files - but I’m not sure why anyone would have their limewire porn like that).

[quote]Beowolf wrote:

[quote]borrek wrote:

[quote]Headhunter wrote:

[quote]orion wrote:
This is why data shredders were invented.

Here is a good one, let them try to restore this:

http://eraser.heidi.ie/[/quote]

That’s interesting.

How does it work? I’m not a computer guy, but I would think everyone should be on the lookout for crap like what that kid got stuck with.
[/quote]

A normal file deletion just erases a file’s entry in the allocation table. Basically it only deletes the “table of contents” entry, but the file itself still exists. After subsequent use, the file gets overwritten bits and pieces at a time.

A program made to totally delete a file will not just delete the table of contents entry, but will then go to where the file existed on the hard-drive and copies it over with all 1’s or all 0’s. When I worked at Air Force Research Labs, the cyber group there told me they can recover parts of a file even if it has been overwritten 40 times.

One time at work I accidentally formatted a hard drive that controlled some expensive equipment, so I ran a data recovery program, and next thing I know, there were 2700 hard core porn images on the drive. Turns out the drive was factory reconditioned, and the pictures were put on there years ago, and it was then wiped to be used for a new computer.[/quote]

Question: Lets say you delete a file, and then fill up your HDD. Will the file be gone because it was written over?
[/quote]

It will be gone.

There was a study, once they are overwritten they are gone.

Maybe you could restore them but that takes time and effort that would require that someone of NSA caliber would desperately want to know.

IRS, FBI?

Naaaaa…

However, once anyone had access to your computer nothing will help you.

[quote]orion wrote:
However, once anyone had access to your computer nothing will help you.
[/quote]

?? Explain?

[quote]Beowolf wrote:

[quote]orion wrote:
However, once anyone had access to your computer nothing will help you.
[/quote]

?? Explain?[/quote]

If they have physical access to your computer they can install keyloggers or programms that bypass your encryptions.

Why didn’t he just report the child porn to the authorities?

[quote]anonym wrote:

[quote]orion wrote:

[quote]thunderbolt23 wrote:

[quote]anonym wrote:

In the first case, the whole “this was an accident/the only time this has ever happened” bit strikes me as being bull, as well. The FBI stated they can’t comment on it, but my guess is that the kids computer showed up on their radar more than once.[/quote]

Yes - the federal statute has an affirmative defense that permits possession of no more than three “matters” of child porn - which means an “oops” download doesn’t have to get you in trouble - in addition to other mitigating actions an offender can take (i.e., alerting the authorities).

Moreover, mere possession isn’t a violation - this is not a strict liability crime. The prosecutor would have to prove that the offender “knowingly” possessed it, and my guess is that the prosecuting attorney had his guns loaded, given the offender’s plea.

This story is only a “tragedy” if you believe the offender’s story without an ounce of hesitation - the Lixies and Orions of the world will nod in vacant agreement with his story of “accidentally” downloading - folks with functioning brain stems understand the context a little better.[/quote]

Your porn downloading skills are underwhelming.

What if I download more than 3 files at once and went to sleep while they download?

What if 1 file contains several hundred pictures?

How would I prove that this was not my collection after the tracker has been deleted?[/quote]

Can you even download file bundles like that with limewire? Back when I used to use it, it was for single files only (except maybe if you search for zip files - but I’m not sure why anyone would have their limewire porn like that).[/quote]

I dunno.

But with the tools I use I could immediately think of several scenarios.

edited

[quote]orion wrote:

[quote]Beowolf wrote:

[quote]orion wrote:
However, once anyone had access to your computer nothing will help you.
[/quote]

?? Explain?[/quote]

If they have physical access to your computer they can install keyloggers or programms that bypass your encryptions.

[/quote]

Right. I’m gonna go ahead and assume the FBI isn’t scrambling to get a hold of my computer… plus I don’t think I have anything illegal on my current HDDs (unless you include copyright infringement I suppose). I may have had some bad stuff on my old drives (back when I was like 15 and had no idea about the dangers of teh interwebz) but they’re both broken and long gone.

[quote]Brother Chris wrote:
Why didn’t he just report the child porn to the authorities?[/quote]

Because it doesn’t really seem necessary and most people who accidentally download bad shit on the internet freak out and delete immediately?

[quote]Brother Chris wrote:
Why didn’t he just report the child porn to the authorities?[/quote]

Because the US are a country where “the authorities” can no longer be trusted?

[quote]orion wrote:

Your porn downloading skills are underwhelming.[/quote]

An understandable consequence of spending those energies with a live human being instead of a video clip. Guess those “downloading skills” will have to lag - poor me.

[quote]What if I download more than 3 files at once and went to sleep while they download?

What if 1 file contains several hundred pictures?

How would I prove that this was not my collection after the tracker has been deleted?[/quote]

Don’t know - the statute contemplates “matters”, not individual downloads, so I imagine the facts would depend on a case by case basis. It’s an affirmative defense - it’d be your argument to make, for example, that your overnight download was merely one “matter”, even though it contained numerous offending files.

No doubt the statute was written so as not to measure the mere number of pictures.

[quote]thunderbolt23 wrote:

[quote]orion wrote:

Your porn downloading skills are underwhelming.[/quote]

An understandable consequence of spending those energies with a live human being instead of a video clip. Guess those “downloading skills” will have to lag - poor me.

[quote]What if I download more than 3 files at once and went to sleep while they download?

What if 1 file contains several hundred pictures?

How would I prove that this was not my collection after the tracker has been deleted?[/quote]

Don’t know - the statute contemplates “matters”, not individual downloads, so I imagine the facts would depend on a case by case basis. It’s an affirmative defense - it’d be your argument to make, for example, that your overnight download was merely one “matter”, even though it contained numerous offending files.

No doubt the statute was written so as not to measure the mere number of pictures.

[/quote]

No doubt?

But I have some serious doubts right now!

Remember the Oklahoma “shop lifting” case?

I have a series of tubez and I am not afraid to use it.

[quote]orion wrote:

[quote]Brother Chris wrote:
Why didn’t he just report the child porn to the authorities?[/quote]

Because the US are a country where “the authorities” can no longer be trusted?

[/quote]

Wait when did Americans start trusting authorities?