Child pornography can not be downloaded Arrested and guilty just by clicking fake link

Also in JapanMove to illegalize simple possession of child pornographyThere was, but I found out that there was extraordinary thing happening in America that has already been illegalized. Post a fake link (Child pornography can not be downloaded) posted on FBI as a link to child pornographic images on the bulletin board, and click on those who clicked on itArrested and convicted for "I tried to download child pornography"It is said that it is.

In other words, even if you do not download one child pornographic image, you are arrested by the police and searching for a house, and at that time it is said to be "out" if you find an image that seems to be "child pornography" . Anyone can be a criminal by illegalizing a simple possession.

Details are as below.
Outline of the case that was convicted just by clicking the link


FBI posts fake hyperlinks to snare child porn suspects | The Iconoclast - politics, law, and technology - CNET News.com

The FBI special investigator Wade Rudders, who commanded the outing investigation this time. In October 2006, he stuck a "fake link" on the bulletin board which seems to be exchanging child pornography, and he believed that those who clicked this link must be surely exchanging child pornography He said he did this investigation. The investigation was conducted in Pennsylvania, New York, Nevada, and the posted link is a character string indicating that an illegal movie can be downloaded. When clicked, it is recorded that the visit to the secret server of the government was made, and based on that record It seems that they made inquiries to providers etc. to identify their home address etc., arrested, or conducted a house search.

As an investigation method using the same method, you can also send spam mails with advertisements "You can download child pornography" to millions of American citizens and investigate those who clicked on links in spam email It seems possible.

The one used for this investigation is "unlawfulimages.com" in the domain, it is prosecuting visitors who clicked on the link to this site. Apparently, it was judged from Referer in case of posting to a bulletin board, etc. In the case of a link in spam mail, it seems to have judged by adding arguments etc.

Example of actual arrest and guilt


For example, a student in a doctoral course at a temple university clicked this link, FBI stepped into his home in February 2007. Federal investigators visited his house at around 7 am and knocked and opened the door to lie to talk about the car and pushed him to the outside of the door as soon as he could open the handcuffs He said that he took it. He called child pornography "I tried to downloadHe was charged with 10 years in prison for the crime of imprisonment, and it is said that guilty is confirmed already in November 2007 and it will decide how many years he will be put into prison on April 22 this year, probably for 3 to 4 years the prison It is said to be put in.

The student who was convicted this time is using wireless LAN, and it was said that anyone in the neighborhood could use it. In spite of that, it seems that only this student was investigated, as it was judged that it was unlikely that someone else on the premises of the area where the wireless LAN could reach downloaded child pornographic images.

■ The possibility of being an innocent sin can not be denied, but simple possession is illegal, so "guilty"


According to FBI agents investigating the investigation, the charges of those who were arrested by clicking on the link in this incident are roughly divided into four.

1: Click on an illegal link
2: Attempted to destroy the hard disk etc when the FBI agent was outside his home
3: Interrupting FBI's investigation by destroying devices such as hard disks
4: I owned a hard disk containing thumbnail images (small images) of two minor women (sexual acts but naked, the vulva was visible)

Of these, "2" was rejected by the judge, not guilty about "3", and convicted on the remaining "1" and "4".

The problem is the thumbnail image of "4". Actually this is automatically generated when viewing images on WindowsThumbs.dbThat hidden file called. In other words, there is no actual child pornographic image in the hard disk, and the defense side can view this child pornographic image that happens to be included in an attachment such as a junk mail or a cache when seeing a web page, Is generated, even if there are two child pornographic images in this "thumbs.db", it seems that he argued that it was not evidence that he had intentionally collected child pornographic images until now. On the other hand, FBI seems to believe that having a thumbs.db file containing image images of child pornography is a felon by clicking on a link that seems to be a child porn image.

In other words, you can understand by going back for a while, but in short it was because the FBI was impatient because the child pornographic image was not found even if you searched in the hard disk after arresting and the child pornographic image was deleted from the hard disk before the FBI came Absent! It is "2" and "3" that claimed to be. As a result, I do not know when I saw it, and it led to a whimperous charge like "4" that I could not even think deliberately.

Although it is pretty much "enmity" when it sorts up in this way, since the simple possession of child pornographic images is illegal in the United States, the possibility that the user clicked the link was the neighbor who just ridden the wireless LAN which was released Despite the existence of "child pornographic image download", "1" which was said to have been "attempted", and even though it was a thumbnail image, "4" that actually came out was convicted is. In other words, regardless of the reason, if the investigation is made, the partner will bet on Mentz, whatever the reason for the reasoning will come to "guilty".

■ The same thing happens if you make illegal possession of child pornographic images in Japan illegally


In Japan, there is a movement to illegalize the simple possession of child pornographic images,MolestationYaCase that forced a false confession by illegal interrogationConsidering the present state of Japan that is frequent, "Is not it possible to say that I do not download child pornographic images because it does not matter?" Not a ridiculous event beyond the sea, not a fire on the other side,Illegal possession of child pornographyAs there is a movement to make it, it is already close to the immediate side. It is said that anyone can be made a criminal by innocent crime and go to jail, he is not committing a crimeDevil's proofIt is necessary to have to do. It may become a world where you can not carelessly click on the link.

In Japan this kind ofBait investigationAlthough it may not be recognized as evidence in the trial, the possibility of being actually investigated by the police and the possibility of the document being sent out will still remain, and at the stage of being searched, the police will announce to the press club in order to handle it From nowadays, it will be widely reported in real news on newspapers and television, and it may be brought into a state where society can not be reintroduced by the time it becomes non-prosecution.

And even if illegalizing the simple possession, "mistakes" happen, anyone who declares arbitrary propriety of illegal possession and arbitrarily decides not to take responsibility.