Advice wanted, regarding kiddie porn email

Irene Graham rene@pobox.com
Mon, 21 Oct 1996 23:52:14 +1000


On Mon, 21 Oct 1996 22:43:25 +1000 (EST), Robert Hart
<hartr@interweft.com.au> wrote:

>I have been advised to report this to the state police. I am not sure
>about this - anyone got any suggestions? I am really concerned that just
>having what purports to be material promoting paedophilia on a system
>under my control might land me in trouble. 
>
>This is not a pleasant feeling at all.

Frankly I wouldn't go anywhere near the police, in fact I'd be dubious
about going anywhere near a system administrator...

There's a case in ACT where a guy (allegedly) inadvertently found illegal
material and (allegedly) voluntarily reported it (either to employer or
police - unclear) and was charged - no idea what the status is. OK, you
don't have any illegal material...

In Qld there's a case going to trial next week where the police found *no*
illegal material on the defendant's computer. The case is proceeding
primarily on the basis of a system administrator finding files in a
temporary directory on their server which is inaccessible to users and
reporting it to police. The relevant Act requires knowing possession to
convict. It is a mystery to me how they will prove that, but it's been
through the Magistrates Court in February, and now goes to the District
Court.

You figure whether an email message indicating you were looking for illegal
material and telling you where to get it might land you trying to prove you
never possessed anything illegal. Of course, it obviously depends on the
law in your State and I am probably scaremongering - however quite
seriously, I wouldn't report it.

Irene 
(who thinks existing laws are incredibly dangerous to innocent Net users)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Irene Graham, Brisbane, Queensland, Australia.  PGP key on h/page.
The Net Censorship Dilemma: <http://www.pobox.com/~rene/liberty/>
"A year from now you may wish you had started today."  Karen Lamb.
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