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.
