Articles Posted in Child Pornography

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As the internet has made it easier for people to share information – from snarky comments about published criminal cases in the federal circuits, to snarky comments about politics or the Academy Awards – it has made trading child pornography much easier.

Twenty years ago, to trade child pornography, you had to use the mail or meet someone with the same interest. Now, just about any person with an internet connection can find this contraband in less than an hour.

533138_law_and_order.jpgThe easy flow and production of child pornography is a serious social problem. My concern is that the only solution we seem to be thinking about is to criminalize the market for it and make the punishments for participating in this market draconian.

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The Eleventh Circuit held, today, that a person cannot be compelled to unencrypt encrypted files under the Fifth Amendment in In re Subpoena Duces Tecum issued March 25, 2011.

John Doe [FN1] is a man who knows how to keep quiet. He came to the government’s attention in the worst of ways. In March of 2010, the government found that someone was uploading child pornography to You Tube. [FN2]

965843_computer_bit.jpgLaw enforcement tracked the IP addresses of the person who did the uploading. The IP addresses led them to a series of hotels. The only person common to all the hotels where things had been uploaded from was John Doe.

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In a classic Simpsons episode, Homer Simpson, as a young person, is excluded from a club of his peers – the club is called the “No Homers Club.” Homer complains, noting that there was a Homer inside the clubhouse.

He’s told – “It says no Homers. We’re allowed to have one.” (Incidentally, the “No Homers Club” is now the name of many Simpsons fan clubs).

DSC01433_z.JPGClub rules tend, I think, to be silly. The Seventh Circuit’s recent opinion in United States v. Loughry however, meant the difference in whether a child pornography conviction stands can depend on the rules of a private “club.”