April 3 2018
In recent months there has been an increase in Child Pornography arrests.
There seems to be a common thread is some of those cases. Almost every one of the cases involves a peer to peer sharing program like Bit Torrent. Almost every case involves someone that clicked on a link telling them that they had to download a peer to peer program to proceed. Many people found themselves in a situation where unintentionally they “linked” to images or videos containing child porn. Even if they immediately deleted the unwarranted material, a secret law enforcement application had detected the fact they clicked on the link, and the law enforcement application secretly entered their computer and downloaded the material they were trying to delete. Is it is possible or likely that law enforcement agencies are intentionally luring people to click not on child pornography (which would be illegal) but instead tricking people into clicking on links to child pornography? Time will tell as these cases proceed through the courts.
If you have been arrested for possession of child pornography, be sure your criminal defense lawyer explores the possibility that law enforcement,with this entrapment technique, is actually creating a crime instead of detecting crime.
It would be so easy to stop child pornography. If there was legislation that made the “servers” liable for transmitting illegal known images, child porn could be reduced by ninety percent instantly. The FBI has a library of known hash value kiddie porn images. Just make it illegal for the Internet providers to allow those known images to be transmitted. If they can detect it and report it to ICAC, why not just prevent it. Instead the providers alert law enforcement and the images are traced to IP addresses. The simple answer is to stop the transmission to begin with.
Now that Craigslist and Backpage.com are tightening up on the “personal” ads (which they should have done years ago), the ICAC investigators are going to have to find a new way to entrap people. My prediction is that there is going to be a spike in child pornography prosecutions here in Florida. In Sarasota County many people face more time in State prison for looking at a video than actually committing a sex act. The best way to avoid prison is to not commit a crime. Do not let curiosity get the best of you. If you are on the Internet, and see a warning saying something like “the material you are about to see could be illegal”, do not proceed. Do not click on something out of curiosity. If you do, law enforcement will come into your computer. These are bait teaser links trying to get people to unintentionally commit a crime. As a sex crime lawyer I don’t want to see innocent people lured into doing something out of curiosity. Remember, “Curiosity killed the Cat”