Child Porn Probe Uses Live Internet Wiretap
rrkap writes "The Sacramento Bee is reporting
that Jason Heath Morgan, a suspect in a child porn case was subject to the first 'live internet wiretap.' According to the story, 'Technology used in the surveillance is very similar to a phone tap. Agents attached a monitoring device to Morgan's phone line, then tracked his Internet activity from remote computers.' This packet sniffing was authorized by the PROTECT Act - officially Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act, which authorizes such tapping of internet connections."
Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today
Will these forced acronyms never end?
It sounds like when they investigated him the act was not in force yet and they had to actually get a judge to agree to the tap; that makes this not a particularly interesting or scary story -- judges have had the ability to approve taps to compromise our privacy for a long, long time now.
It looks like PROTECT might make this at the discretion of the prosecutor which is, obviously a Very Bad Thing[tm], but it's not all that relevant in this case, it seems.
This issue doesn't seem to be a big deal, for the privacy issue - the authorities did have to go to a judge and get a warrant first, just like they would for a phone tap or for an in house search.
...first off it's approved by a court order, so no problems there. Second, what's the big deal about "live" as opposed to "near-real" time? I mean computer logs are kinda like a tape of a regular wiretap. Yes, you might have an officer to listen in "live", but unless that's about something going down in the next few minutes, does that matter?
What's more surprising is that they haven't been able to do this before. drop a LOG line in iptables and you can have a complete log of every packet, live. Somehow I fail to see the big difficulty in this...
Kjella
Live today, because you never know what tomorrow brings
It's not everyday an average "Joe Techpack" has an opportunity to put a piece of scum behind bars.
It's actually quite rewarding.
By taking down these people they are effectively removing parts of it. If you're talkign about servers, remember it's the legislation in the country where the server is located that applies, and it's that governemnts responsibility to track them down. If they don't want to, there's nothing American or European governements can do but put pressure on them. At least with this, they are fighting the P2P spreading of it.
A lot of these people produce the pr0n themselves and distribute it, it would be hard to destroy every file out there, it's easier to take the men behind them.
you still need a judge to ok something like this, and who *really* wants to bother supporting child porno slime.
These guys followed the letter of the law, and im glad they caught the guy. Case closed.
It's not far fetched to assume an overly zealous agent might consider planting evidence on a computer either. They already do this in a variety of other cases. Sometimes they are caught at it, a lot of times they aren't, and you can't tell. And there's a lot of prior cases to prove the point, the miami cops busted planting guns on suspects, trying to clear themselves of murder. the texas prosecutiors and cops who "flaked" (that's the cop slang term for it, it's so common, taken originally from gold mining and planting gold flakes I think to make a mine look better)) hundreds of people in this small town with drugs that weren't drugs, getting convictions, sending people to jail.
There's just something spooky about it. Child porn is a real problem, but we can't deny government lying isn't a problem as well. It's a serious major problem, ongoing, chronic. Just now on drudge headlines they are investigating a secret service guy for falsifying evidence/perjury in the martha stewart case. And remember the FBI "crime lab" tests scandals of a couple of years ago.
The bad guys commit crimes, but we have a much harder time exposing the "good guys" who really aren't. Look at all the controversy about iraq now, the weird circumstances around 9-11, prisoner abuse, etc.
I'm glad to see that the Feds are pursuing predators online by using methods that will stand up in court, rather than the questionable tactics used by the vigilantes of Perverted Justice
Pete Carr Owner Chatmag.com
Why didn't this guy use encryption, good encryption techniques would defeat the cops, them being the man in the middle.
Pedophiles are not smart enough to use encryption?
Do the feds ever actually bust the guys making the porn in the first place i.e. doing the real explotation. Or do they always just bust some sorry shlub who tried to download some old .jpeg and never touched a kid in his life?
I encrypt everything. I think some cops like to make shit up to prove their case (anyone remember Richard Jewel?). Encryption is the solution to this.
Also cops, like people, can be assholes. How many assholes did you know who might be cops now. If its >1 then you could be screwed.
Yes - due process is due process, no matter what a person is accused of.
People involved in creating kiddie porn are scum, but that's no reason to treat them differently, especially before their guilt has been proved. In fact, if anything given the general attitude towards crimes of this type, even more care should be taken.
A few years ago here in the UK, there was general outcry after a little girl was abused and murdered; it sparked off a number of demonstrations by people demanding that the public be made aware of the locations of known sex offenders. During this time, a paediatrician was hounded out of her home and forced to move because people incorrectly associated her job title with paedophilia.
It's a highly emotive issue, and so you have to be very careful. Saying the wrong thing to the wrong person "because it's kiddie porn" may well get innocent people killed.
It's official. Most of you are morons.
What about when it's for copyright infringement? That's still illegal, you know.
Interested in open source engine management for your Subaru?
One of the advantages (assuming they use it this way) is a real-time wiretap lets them confirm who is actually *at* the computer when something's happening. A log, unless combined with large amounts of surveillance, can not necessarily be correlated back to an individual. But now, they can see illegal activity and go look at who's doing it while it's happening.
(Hopefully they are, and aren't just assuming the owner of a computer is the one breaking the law..)
In the Macarthy (sp) era you only had to point someone and scream "red", "pinko", "commie" and that individual's life was done for. Down the drain for good...
What tell us that in the near future someone won't cry "pedophile" "child abuser" "terrorist" and your life goes down the drain. And nowadays evidence is soooooo easy to fake, and juries tend to be so damned illitare...
This is not the whole thing, though, with worms and virus and spywares doing the gods know what to your computer, using your storage for the gods know what purposes, who can assure us that we won't wake up some day to the sound of the police storming our door and the press cameras getting us labeled as "worse than scum" for the rest of our life...
... y Dios vio que Linux era bueno... Genesis 99.666
Obviously I have no objection to getting another vile kiddie-porn peddler off the streets, that's not what I'm trying to get at, it's the way this case could be used by the powers that be to get permission for more cases, possibly monitoring any of the poor bastards they deem to have a high Terrorist Quotient?
Invasions of privacy are justified in cases like these, but all it takes is one loud squeal of 'terrorism' and they'll be monitoring totally innocent people just in case they turn into Islamic extremists overnight. I don't think it's the case me or anyone else are objecting to, it's the principle.
--
Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
Child pornography probably doesn't encourage people to go out and molest people, just like watching an action movie probably doesn't make a majority of people go out and start killing people.
The problem though is that child pornography may increase child abuse since it can encourage *the creators* to make more of it if they are paid for it. On the other hand it might also discourage child abuse as pedophiles relieve their sexual energy on the smut instead of on real children.
To further muddy the water there is also drawings, which no real person is being harmed, that tried to be outlawed in America but the Supreme Court struck it down. Examples are Shota and Lolicon.
3dinfo@maficstudios.com
There is plenty of porn out there that depicts 18 - 19 year olds as being much younger (or so I here), are these kind of images also illegal and considered child porn?
Meh.
On face value, there appears to be nothing wrong with increased police powers, for example, the ability to detain somebody for significant periods of time if they are suspected of something, without allowing the detainee to contact their lawyer or make a phone call to the outside world. Law enforcement officials would only detain bad guys, right ?
The problem with this is that it is based on the assumption that the everybody within the law enforcement organisations involved are totally and 100% honest. Of course, this isn't the case.
Judicial oversight of things such as wire taps is there to try to ensure that these mechanisms aren't abused by corrupt, dishonest or overzealous law enforcement officials.
Sadly, it seems that, since 911, George W. Bush's adgenda is to minimise or remove Judicial oversight in the name of "security". I can only suggest that he believes that law enforment officials are 100% honest.
The Internet's nature is peer to peer - 20050301_cs_profs.pdf
yes, of course i can see that it's wrong when a 40year old man is having sex with a 6year old girl.
but i also think that it's wrong if a guy kills an other guy...
if i have a picture of that 40year old guy having sex with the girl, then it's crime. and if i have a picture of a guy killing an other guy, then it is not a crime. that's the paradox imho
How do we prevent child pornography, how do we report it? I would suggest that plugins be provided to automatically scan for these items and forward significant results to the FBI or the ISP that the user is coming from. At the very least we have a moral responsibility to create software that prevents child pornographers from proliferating on the Internet.
...first off, how do you identify it? "Umm yeah I was just doing one-handed investigative work for the police, looking at those pics" Or are they going to deliver us a list of files we're not supposed to find?
Never mind that the best P2P programs I know (DC++, eMule) are both open source. There's no way to force them to include any backdoors, plug-ins, logs or other such things. It'd be trivial to compile without.
Besides, you'll quickly run into the "becoming an agent of law enforcement" problem. The police can't create a civilian "police force" using their lists or plug-ins to get around their own restrictions.
And on a principal level, I disagree with you. Everything from ink printers to digicams to web browsers have been used for kiddie porn. It's not Epson or Canon or Microsoft's responsibility to do the impossible. The police have to handle those that misuse software just as the guy using a kitchen knife as a murder weapon.
Kjella
Live today, because you never know what tomorrow brings
That article is very disturbing. It admits that the old system worked while glorifying the newfound ability of police to wiretap anyone they feel like. It's hard for me to understand how the reporters, Stanton and Walsh, were able to twist their brains into missing the big picture.
How on Earth can this case be seen a triumph of ghastly new police powers? This creep was caught despite the inconvenience of judicial oversite and due process. The issue is a simply put in the US Bill of Rights, amendment 4 to the Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
That is, your house will not be violated unless reasonable evidence presented and sworn too in a public court of law.
"Terrorism" and kiddie porn are declared serious enough to remove this protection but the removal for some crimes eliminates the protection for everyone. Without that public record and oversight, anyone can be tapped as a "suspect". The potential for abuse is enormous. PROTECT is a perverse name indeed.
Friends don't help friends install M$ junk.
If I ran an illegal site, or rather a site that was illegal in a country where lots of my customers were, I'd listen to my customers. I'd run everything with strong encryption.
Strong encryption in and of itself doesn't look suspicious. I run my own blog and I use SSL so people can sign in and look at entries I don't want to be publically visible. I use SSH for a ton of stuff. I use it to log in to my server when I'm at home on my LAN because it's conveniant. The first thing I do when I get to work is log in to my server with SSH so I can do e-mail and blog without anyone worrying about it.
Apart from the SSL blog stuff, this is pretty normal behavior for a lot of tech people. SSH is just too damn convenient.
And if I had anything illegal, I'd probably keep it on an encrypted partition that automatically unmounts if I don't log in for a while. And I'd probably make sure the unmount system call makes sure to overwrite the memory where the key is stored.
I rarely criticize things I don't care about.
Comment removed based on user account deletion
A more sensible approach seems to be needed to solve the harm, if any harm exists, with regards to sexual relationships between children and adults or children and children.
Sensible? Who said anything about being sensible?? Actually TALKING about sex - in this country (US)? Are you crazy? The bible-thumpers won't stand for that! Much better to punish the "evil people" rather than try & fix the system that forces them to be evil! After all, we are the righteous, the just!
Now, where did my copy of 1984 go again?
Stopping the junkie does nothing to stop the creation of childporn. Why does it matter if we stop the spread of child porn vs the creation?
Stopping the creation of childporn is very obvious, we know why we must do this, children are being hurt by this. Childporn thats already created and being spread around Kazaa by millions or thousands of people, what do you gain by arresting each person?
Same goes with nuclear weapons, we have no right to tell other people they cannot create them if we have them. This also goes for the internet, when we start with censorship and start invading privacy in the end we lose our ability to tell China they are backwards if we are trying to outlaw P2P to stop kiddie porn.
Kiddie porn is bad, but its not like the whole internet is flooded with kiddie porn, I don't see the point in creating new laws and suddenly cracking down on a problem which has always existed. What is the goal? If its to stop children from being hurt then we need to go after the producers and this has little to nothing to do with Kazaa. If the goal is to stop the spread of childporn, we can use the filter systems built into these P2P programs and perhaps make them more advanced.
I don't see however the point in chasing every single person who has a copy of file X in their shared folder. It's a slippery slope.
I'm all for stopping the production of kiddie porn, I'm against censorship. If censorship is the only way to stop the distrubition then its not worth it. The distribution is not whats doing the harm, those are the pawns of the producers.
This would be like arresting everyone who is infected by the worm instead of the creator.
People don't exist to serve systems, systems exist to serve people.
I agree with you in general, but in this case they had to prove to a grand jury that the tap was necessary and get a court order for it. I think that easily passes constitutional muster, as opposed to some PATRIOT provisions.
How quickly we forget that in the days when women were chattel their whole lives, it was TYPICAL for 13 year old girls (or even younger) to be married to 45 year old men.
In fact, there is a woman in my grandmother's nursing home (she is 100 yrs old) who was in just such a marriage. She says she and her husband loved each other, I can only assume it is true.
Of course, pedophiles are not marrying their victims, that is a different thing.
and the worst part? These people don't PAY for kiddie pr0n, no more than anyone else pays for the sex movies coming down Freenet, Kazaa, or Gnutella. So, they may look, but they're not hurting anyone, nor helping those that do the porn making.
On the other hand, what psychological effects do porn vids have on people? Is it possible that once the 32 year old perv watching the vids realize that he might get caught, he'll stop with the downloads and start with his 11 year old niece? The hard truth is that, whether they get the content or not, they're paedophiles either way. You can't just lock them up for wanting to bang children, unless maybe they have an honest intent to. It's just like any other sexual deviation: you're made that way, and you don't turn it off, you just control it.