In the U.S., "knowing" possession of child pornography is a crime and distribution is an additional crime (see 18 U.S.C. 2252). There is an affirmative defense available if you come into possession of the material unintentionally and then turn the material over to law enforcement. IANAL, but what this says to me is that if I encounter child pornography, I should contact law enforcement to turn it over. Period. Giving the computer/media back to the owner/client would be distribution of child pornography. Keeping it would be knowing possession.
I don't know where the line is if you see potential child pornography but can't confirm it (e.g. the person in the photos might or might not be 18 and you don't know the source of the material) but I don't think there's any gray area if the material is confirmed by a hash set, the person is pre-pubescent, or there is some other indication that the person in the material is clearly a minor.
Don't forget, there may be state laws as well. Having an existing relationship with local LE and an opinion from your own attorney would be really helpful. It might also be useful to include a clause in your contracts to put people on notice that any discovered child pornography, in any case, will be turned over to law enforcement.
Most people on here will likely never work for themselves, and even fewer will do defense work.
That being said, there is no gray area. IF it is known CP, you turn it over, no questions asked. If you are unsure I cannot tell you the degree of liability that you open yourself to by turning over items you are unsure about. Let me put it another way. You better be paid up on your E+O insurance (if it even covers that) because you are going to lose everything if you turn something over, it's not CP and you are sued.
We are all on the same side. No one wants that junk out there. I wish more police/prosecutor's were of the mindset that we are all in this together.
In the U.S., "knowing" possession of child pornography is a crime and distribution is an additional crime (see 18 U.S.C. 2252). There is an affirmative defense available if you come into possession of the material unintentionally and then turn the material over to law enforcement. IANAL, but what this says to me is that if I encounter child pornography, I should contact law enforcement to turn it over. Period. Giving the computer/media back to the owner/client would be distribution of child pornography. Keeping it would be knowing possession.
I don't know where the line is if you see potential child pornography but can't confirm it (e.g. the person in the photos might or might not be 18 and you don't know the source of the material) but I don't think there's any gray area if the material is confirmed by a hash set, the person is pre-pubescent, or there is some other indication that the person in the material is clearly a minor.
Don't forget, there may be state laws as well. Having an existing relationship with local LE and an opinion from your own attorney would be really helpful. It might also be useful to include a clause in your contracts to put people on notice that any discovered child pornography, in any case, will be turned over to law enforcement.
… if the material is confirmed by a hash set …
And then the point goes back to hashsets which are NOT publicly available
http//www.forensicfocus.com/Forums/viewtopic/t=14573/
So if someone non-LE is found with these hashsets, even if possession of them is not in itself illegal, he/she could be asked to explain how exactly they were acquired …
Being picky - as I am BTW - in the case summarized by sgreene2991 I can see a further possible issue, most probably it is just me being overcautious, but I think there is a big difference (for a non-LE) between "happening to find" some CP images during an investigation aimed at *something else* and actually investigating looking for CP images, no matter if the local investigator says it is OK.
I mean, even having something (in writing) from the local Prosecutor office would be - possibly - not completely "safe". ?
jaclaz
Just to add a little something based on what armresl mentioned. What if you have discovered photos that could easily be considered "Exhibitionist", or CP Anime?
Just my two cents, but personally I wouldn't care if your state had a community property law on the books or not. The word "suspicion", or something being "suspicious" is a pretty wide open. If a wife, girlfriend, or housekeeper actually saw something and could articulate what they saw I would seize the device immediately. You would then have to get a warrant to examine the device.
How would you deal with a potential bitter ex making things up, custody battles, a lying brother or sister.
Just to add a little something based on what armresl mentioned. What if you have discovered photos that could easily be considered "Exhibitionist", or CP Anime?
Just my two cents, but personally I wouldn't care if your state had a community property law on the books or not. The word "suspicion", or something being "suspicious" is a pretty wide open. If a wife, girlfriend, or housekeeper actually saw something and could articulate what they saw I would seize the device immediately. You would then have to get a warrant to examine the device.