Peer to Peer File Sharing - Child Porn
Peer to Peer File Sharing (also referred to as P2P) is a growing phenomenon
on the Internet. Peer to Peer File Sharing is a method of sharing and
transferring digital files on the Internet through the use of special
software. Computers linked on the Internet by using this software can
share large files (such as video recordings) with other users.
The Peer to Peer software allows the user to set up files on the computer
to be shared with others using the same software, creating a Peer to Peer
network. Once the software is downloaded from the Internet, a user can
search the network to obtain files being shared on the network. Once files
are downloaded and saved, they are automatically available for downloading
by another person on the peer to peer network making it “distribution”
of child pornography a much more serious offense. The popularity and proliferation
of Peer to Peer networks have made it easy to obtain, share and distribute
child pornography. Anyone on the Peer to Peer network can easily obtain
large amounts of child pornography with a mouse click.
Child Pornography Investigations
Most Child Pornography investigations involve the FBI or local law enforcement
agencies accessing the Peer to Peer network using an undercover user name
and searching the network for child pornography. Once the suspected child
pornography is located, it will download the files containing the child
pornography. When the downloading is complete, law enforcement will use
a tracking program to obtain the user's IP (Internet Protocol) address.
They will then initiate a subpoena to the Internet Service Provider (ISP)
and obtain the personal information and address of the corresponding IP
address. A search warrant will be obtained and executed at the address
connected to the IP address. Law enforcement officers will descend on
the designated home and seize all computer and digital equipment, pictures,
files and any illegal material connected to child pornography. They will
attempt to interview anyone at the home when the search warrant is served
hoping to obtain a confession or any incriminating statements from anyone
living at the home or connected to the computers.
Have You Been Arrested or Investigated for Child Pornography?
If you have been arrested or investigated for Child Pornography meet with
and hire a skilled criminal defense attorney with knowledge and experience
in Possession and Distribution of Child Pornography cases.
If you are being investigated by law enforcement, including the FBI, immediately
assert your Fifth Amendment Constitutional right to remain silent. It
is likely there will be a knock on your door by someone from law enforcement
with a search warrant and would like to interview you. It is absolutely
critical to say nothing except for identifying yourself and that's
it! The FBI agent may tell you they are conducting an investigation and
that you are not under arrest. This is done for you to drop your guard
and volunteer information. Don't do it! If law enforcement has a search
warrant then let them do their business and do not obstruct or impede
their search. Law enforcement is at your home to gather information and
evidence to make their case against you so anything you say to them could
and would be used against you. Do not assume that because they failed
to give you a “Miranda warning” you can talk freely. It is
never a good idea to talk to law enforcement without an attorney present.
Los Angeles Child Pornography Lawyers
In Los Angeles, Child Pornography cases are aggressively prosecuted by
specialized units of the District Attorney's office and the United
States Attorney’s office. Prosecutors usually seek harsh state prison
penalties along with lifetime sex registration. You should consult with
an experienced and skilled Child Pornography defense lawyer when you learn
there is a pending investigation or you have been contacted by law enforcement.
Call our office for a confidential evaluation of your case and learn about
your legal options.