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The Dangers of Peer-To-Peer Sharing

Matthew White admits that he searched for pornography on the Internet two years ago – not a crime for a 20-year-old American man. However, CBS reported that White had downloaded child pornography onto his computer; he says he did it by accident while looking for college-aged women on LimeWire. LimeWire is a peer-to-peer (P2P) network that allows users to share files, including music, videos, games and photos with each other.

White says that when he discovered the files he had accidentally downloaded, he quickly deleted them, saying he was not happy with the child’s pornography. Nearly a year later, FBI agents were able to recover deleted photos from his hard drive when his family allowed agents to review his computer.

A peer-to-peer network

According to Wired.com, millions of people use P2P sharing networks and LimeWire alone boasts 50 million monthly users. LimeWire software provides access to the Gnutella file sharing network, which is a true P2P network. It is developed by many users and, because there is no central file server, LimeWire does not monitor or control the content of the Gnutella network. Although LimeWire attempts to filter out some illegal or questionable content through user requests, users are responsible for what they upload or download over the network.

P2P networks have been used for a long time to allow access to images or music, whether they are protected or not. The Federal Trade Commission warns that file sharing may allow other people to unwittingly download confidential files or accidentally download viruses or download pornography. LimeWire allows users to enable Family Filtering or filtering based on keywords, file type or IP address. It says about Family Filters, that everything like this is “imperfect” and that not all content may have the necessary information or information to allow filtering.

The default settings for Gnutella network file sharing are those that are downloaded from the network to continue sharing over the network. Users should disable this default setting to keep files downloaded from the Internet private.

The United States Accounting Standards Board was asked to identify the ease of viewing child pornography on P2P networks and the risk of unknowingly viewing pornography, including child pornography, for young P2P users. They found that child pornography is readily available and downloaded from P2P networks. Using 12 passwords known to be associated with child pornography in one search, the GAO found 1,286 titles and file names; 543, or about 42 percent, were linked to child pornography. In another search using three key words, a customs expert copied 341 images, of which 149, about 44 percent, contained child pornography.

The study found a high risk of inadvertent exposure for young users of pornography, including child pornography. Although innocent words that can be used by young people, such as cartoonists or famous names, they also took pictures that included child pornography (7 percent) and child pornography (1 percent).

Protecting Privacy and the Constitution

The United States Court of Appeals for the Ninth Circuit has ruled that a warrant is not required for authorities to view and download files sold on P2P networks. The court held that the defendant was fully aware that LimeWire was a file sharing program that allowed anyone to access the files in the shared folder unless they took steps to prevent it. Because a warrant is only required if the search violates a reasonable expectation of privacy, the court found that no warrant was required.

Wired.com reports that an FBI agent hacked into LimeWire and searched using the keyword, “Lolitaguy,” which the court said was known to be associated with child pornography. With a proprietary software program that identifies and flags common child pornography images, the agent used one of LimeWire’s services to download seven of the 240 files shared on the defendant’s IP address, four of which were child pornography.

Prosecutor Charles Borowy said the agents violated his Fourth Amendment rights, saying he had an expectation of privacy because he thought they had turned off the session. However, he pleaded guilty to child pornography charges and was sentenced to 45 months in prison. The deal allowed him to appeal whether the search and seizure of his computer files was illegal.

The child pornography charge carries a maximum sentence of 20 years in prison. On the advice of his public defender, White agreed to a three-and-a-half-year sentence. In addition, he served 10 years of probation and had to register as a felon for the rest of his life.

The FBI could not comment on White’s case but said users who accidentally download child pornography should call law enforcement immediately. CBS says an Internet search turns up dozens of complaints from people who say they accidentally downloaded child pornography via LimeWire.

Anyone who believes they have mistakenly or accidentally downloaded illegal material should contact an attorney immediately to inform them of their rights, their options and how to proceed.

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