As a criminal defense lawyer in Fort Lauderdale, I can tell you peer-to-peer file sharing is how many people get caught for possession of child pornography in Broward County. Once a user downloads a video possessing child pornography, that video becomes available for download by other users, unless this feature is disabled.
Sometimes a user doesn’t even realize his/her personal video library is available for download by other members. Such misunderstandings happen most frequently with older users or people who are less computer savvy.
Regardless, the National Center for Missing and Exploited Children as well as many local, state, and federal law enforcement agencies routinely monitor such services for child pornography. In many cases, these agencies have already identified specific files that they known contains child pornography. As a result, all they have to do is search for that specific file and they will instantly learn who has it in their library available for sharing/download by other members.
Once specific users have been identified as sharing child pornography, law enforcement is able to obtain the user’s IP address. Once the IP address is known, law enforcement will issue a subpoena to internet providers to obtain the name, address, and phone number of the account holder associated with the IP address.
Once a person’s name has been identified, police will then focus their investigation around that person. With a name, police are able to obtain a home address not only from the internet provider, but from D.A.V.I.D., which is Florida’s driver’s license data base.
Depending on the facts of the case, police may apply for a search warrant to inspect the person’s home. If a warrant is issued by a judge, police will also try to take statements from the people who reside at the home.
During these encounters, it is not uncommon for suspects to make incriminating cases that make the case for police. In many instances, police are unable to link the computer use to one particular person. This occurs when more than one person lives at the residence or has access to the computer.
Just because the internet subscription is in a particular person’s name does not mean that person is the one responsible for downloading and possessing child pornography.
The reasons why people make incriminating statements are varied. In some cases, a person will take responsibility for downloading the child pornography to protect others from prosecution or arrest. In other instances, a person may be intimidated by police presence. In yet others, some people think talking to the police will make things easier.
As a criminal defense attorney, I have never seen a case where a person benefitting by talking to the police.
Guilty, innocent, or otherwise, one must realize that the police are there to make an arrest and build a case for the prosecution. They are not your friend, they are not there to help you, and they are certainly not there to protect your rights. In fact, they are specifically looking for you to make a statement that will enable them to hold you responsible for the alleged offense.
In fact, the law allows police to use deception to induce a suspect into admitting guilt or making other incriminating statements. Police are not allowed to use physical violence to threaten a person into talking. While use of physical force certainly does happen from time to time, it is not a regular or normal course of business in major metropolitan areas.
Many arrests are made and cases are built only after a suspect is caught making an incriminating statement. Without an admission that pinpoints responsibility on one person, law enforcement is unable to determine who specifically is responsible for downloading or sharing the child pornography in question.
In the next section we will discuss the role internet chatting, instant messaging, and other user-to-user communications are used by law enforcement to build cases and make arrests for possession of child pornography.