4 ms·

If you're repairing someone else's computer and come across child porn, aren't you obligated to report it? (if only to cover your own ass, as technically you ar

If you're repairing someone else's computer and come across child porn, aren't you obligated to report it? (if only to cover your own ass, as technically you are now in possession of cp).

notatoad 10y ago
Yes, if you come across anything illegal while repairing somebody's computer you are obligated to report it. However, you're not allowed to go looking for illegal stuff while repairing a computer. And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search.
- Turing_Machine 10y ago
  Right. Accidentally finding something illegal is one thing. Deliberately snooping every file on every computer that enters the shop is quite another. Given the $500 reward, I suspect the latter situation is closer to the case.
  - ribosometronome 10y ago
    The article seems to indicate that not only were they poking around but they were recovering deleted files. Good that they may have caught this fellow -- especially given his profession -- but that's probably rather horrifying for a significant portion of other people who brought their computers in for repair.
  - SoylentYellow 10y ago
    It is even worse in the article. Geek Squad employees were snooping into unallocated disk space to try to find evidence.
- cmdrfred 10y ago
  Is that a special law for repairing computers or just in general. What jurisdiction does that apply under?
- daxorid 10y ago
  Can you cite the specific statute? I have never heard of a legal obligation for non-healthcare workers to report crimes.
  - cuckcuckspruce 10y ago
    It's called misprision of a felony[0]: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. [0] https://www.law.cornell.edu/uscode/text/18/4 https://www.law.cornell.edu/uscode/text/18/4
  - deleted 10y ago
    [deleted]
  - akiselev 10y ago
    https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/manda/ https://www.childwelfare.gov/topics/systemwide/laws-policies... For anything to do with children, quite a few professions are mandated reporters including LEOs, all public and private school personnel except volunteers, social workers, and several other rather large fields. Depending on the state that list expands considerably. Even the clergy of religious institutions are included in 27 states, superceding confidentiality. Other than LEOs, mandated reporting for general crimes depends largely on state laws except for fiduciary duties.
- jacquesm 10y ago
  > And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search. That sounds even more like an incentive to plant.
- jlgaddis 10y ago
  > ...if you come across anything illegal... No. If you come across child pornography (in the U.S.), you are legally obligated to report it.
- Spooky23 10y ago
  You always need to consult an attorney on this. Some professions are mandated to report any suspicion of child abuse. In NY, any teacher, medical provider and others can lose their license for failure to report. Your general obligation, or obligation as an IT guy may vary... and you may have liability risk. Personally, I'd consider it an ethical duty to report such a thing. But I wouldn't do so in an official capacity without advice of counsel.
  - AnimalMuppet 10y ago
    > Your general obligation, or obligation as an IT guy may vary... ... by state.
- cortesoft 10y ago
  "Not allowed to go looking for illegal stuff" What law says that?
ezoe 10y ago
I'm not lawyer. But Japanese law has no obligation to report a crime, any crime.
- stingrae 10y ago
  I am not sure if it is the law. But there is a moral and ethical reason to report a crime if observed, depending on the severity and impact to the victims.
gshulegaard 10y ago
I see your point, but I also think that is substantially different than: > including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer's request for repairs.
differentView 10y ago
How would you know if it's cp?

If you're repairing someone else's computer and come across child porn, aren't you obligated to report it? (if only to cover your own ass, as technically you are now in possession of cp).

notatoad 10y ago

Yes, if you come across anything illegal while repairing somebody's computer you are obligated to report it. However, you're not allowed to go looking for illegal stuff while repairing a computer. And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search.

Turing_Machine 10y ago
Right. Accidentally finding something illegal is one thing. Deliberately snooping every file on every computer that enters the shop is quite another. Given the $500 reward, I suspect the latter situation is closer to the case.
- ribosometronome 10y ago
  The article seems to indicate that not only were they poking around but they were recovering deleted files. Good that they may have caught this fellow -- especially given his profession -- but that's probably rather horrifying for a significant portion of other people who brought their computers in for repair.
- SoylentYellow 10y ago
  It is even worse in the article. Geek Squad employees were snooping into unallocated disk space to try to find evidence.
cmdrfred 10y ago
Is that a special law for repairing computers or just in general. What jurisdiction does that apply under?
daxorid 10y ago
Can you cite the specific statute? I have never heard of a legal obligation for non-healthcare workers to report crimes.
- cuckcuckspruce 10y ago
  It's called misprision of a felony[0]: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. [0] https://www.law.cornell.edu/uscode/text/18/4 https://www.law.cornell.edu/uscode/text/18/4
- deleted 10y ago
  [deleted]
- akiselev 10y ago
  https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/manda/ https://www.childwelfare.gov/topics/systemwide/laws-policies... For anything to do with children, quite a few professions are mandated reporters including LEOs, all public and private school personnel except volunteers, social workers, and several other rather large fields. Depending on the state that list expands considerably. Even the clergy of religious institutions are included in 27 states, superceding confidentiality. Other than LEOs, mandated reporting for general crimes depends largely on state laws except for fiduciary duties.
jacquesm 10y ago
> And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search. That sounds even more like an incentive to plant.
jlgaddis 10y ago
> ...if you come across anything illegal... No. If you come across child pornography (in the U.S.), you are legally obligated to report it.
Spooky23 10y ago
You always need to consult an attorney on this. Some professions are mandated to report any suspicion of child abuse. In NY, any teacher, medical provider and others can lose their license for failure to report. Your general obligation, or obligation as an IT guy may vary... and you may have liability risk. Personally, I'd consider it an ethical duty to report such a thing. But I wouldn't do so in an official capacity without advice of counsel.
- AnimalMuppet 10y ago
  > Your general obligation, or obligation as an IT guy may vary... ... by state.
cortesoft 10y ago
"Not allowed to go looking for illegal stuff" What law says that?

ezoe 10y ago

I'm not lawyer. But Japanese law has no obligation to report a crime, any crime.

stingrae 10y ago
I am not sure if it is the law. But there is a moral and ethical reason to report a crime if observed, depending on the severity and impact to the victims.

gshulegaard 10y ago

I see your point, but I also think that is substantially different than: > including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer's request for repairs.

differentView 10y ago

How would you know if it's cp?