“Accidental” Loli Downloader Faces 20 Years
- Categories: International, News
- Date: Dec 9, 2009 04:50 JST
- Tags: California, Crime, Internet, Loli, Lolicon, P2P, Technology, USA
A man who “accidentally” downloaded and then subsequently deleted child pornography faces a possible 20 year sentence, even though he claims he immediately deleted the files and police had to reconstruct the images from deleted files.
The 22-year-old California man claims he was using the Limewire P2P network to download pornography, specifically “College Girls Gone Wild,” but that when he downloaded it he discovered he had also unwittingly downloaded pornography featuring minors.
He maintains he deleted the files and thought nothing of it. However, a year later the FBI asked to search his family home, and whilst prying into the depths of his hard drive they discovered illegal material which had been deleted.
“It didn’t appeal to me. I was looking for women my age, so I just wanted to download ‘College Girls Gone Wild’ and accidentally downloaded underage pornography.
I asked them, ‘Where did you get that? I don’t remember that.’ I asked them, ‘Could I access that if I wanted to?’ They said no.”
He has pleaded guilty in the hopes of securing the mercy of the courts – he faces a maximum of 20 years for possessing child pornography, but his counsel is hoping for a “lenient” 3 and a half year sentence, 10 year probation and registration as a sex offender.
The FBI advises people in similar circumstances to turn themselves in to authorities, although there is no guarantee they will escape prosecution, and (frequently permanent) confiscation of computers is likely.
Unencrypted P2P networks such as Limewire are heavily monitored by police looking to nab people sharing underage pornography – IP addresses can easily be gathered and traced to physical addresses, likely what happened in this case.
Deleting files from a hard drive in the conventional manner actually only removes the information as to where on the disk the data is stored – the actual data remains in place until overwritten with new data, likely what happened in this case. Data recovery tools and computer forensics software enable such fragments to be reconstituted or at least identified.
It is also possible to discover previously overwritten data by inspecting the physical structure of the disk, though this is far harder – only repeatedly overwriting the affected sections of the disk with random data can prevent this.
Computer users wishing to prevent such “accidents” resulting from the presence of previously deleted files can use secure deletion tools to overwrite previously deleted files with random data – such procedures prevent forensic recovery of deleted data and are approved for military use in ensuring classified files are rendered irrecoverable.
Complete hard drive encryption using utilities such as TrueCrypt is similarly effective, as is the use of P2P networks which are fully encrypted in the first place.
Fortunately for governments the use of such tools is still not common knowledge…
Via CBS13.
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>he faces a maximum of 20 years for possessing child pornography
> 20 years for possessing
Inadequate.
That shit hurts my brain badly. Theese idiots can't capture the child molesters and CP-distributers, so they arrest random people who are in some way alliable with CP. Infantile revenge, in my honest opinion.
Well. One way to kill the supplier, is to kill the demander.
so if we download music without paying we are destroying the music industry, but if we download cp without paying we are supporting the cp industry
Where is the demander in this article?
Heh. Thousands of suppliers, millions of demanders... But the suppliers are a little bit more clever, so the demanders are the easier fishes.
Be good guys, and fap only to alternative CP - 2D loli. For the win!
"his counsel is hoping for a “lenient” 3 and a half year sentence, 10 year probation and registration as a sex offender."
Witch hunt, anyone?
I so want to smack that counsel in the face. He's no better than those guys who made the law - completely diverted from common sense and reality.
"Well. One way to kill the supplier, is to kill the demander."
However, neither the demander nor the supplier can be killed. Therefore, the only reasonable strategy is to put everything you've got into fighting the supplier to ease the situation and to actually save at least a few children, since the suppliers are the ones committing the actual crimes.
If you fight the demander, the actual demand in the market will slightly fluctuate at best, completely failing to bring about a decline in supply. If you go against the suppliers, while that won't bring about a decline in supply either, chances are you actually get to save a child or two from time to time.
Of course, that would require that law enforcement actually cares about saving children. But the only thing they do care about is fulfilling their quota of arrests set by the politicians that want to gain votes for their next election.
But about 90% of the suppliers ARE consumers.
war on drugs
not really
"But about 90% of the suppliers ARE consumers."
Completely irrelevant. The number of suppliers is still infinitesimal smaller than that of pure consumers, and they ARE suppliers no matter if they consume the kind of material they produce themselves (of course they do) or not. What you said doesn't change the situation one bit. They're the ones you have to attack if you want to achieve something.
Who is monitoring Sankaku Complex? 0o;
Who is monitoring the monitors?
who is monitoring the monitors of the monitors?
"But about 90% of the suppliers ARE consumers."
I think what the OP refers to are the countless reposters of reposts of reposts. Y'know, all those people on P2P and usenet.
next they'll charge u with child pornography for anime pics depicting girls clearly under 18 that are stored on your computer in the form of temp files.
I am glad my loli is not an accident, or they would've booked me by now.
But about 90% of monitors ARE monitors.
I may just be a pedo in denile, but to me loli and cp are 2 different things. the guy got what he deserved.
that is limewire, but what about http, megaupload, rapidshare and torrent? I never use Limewire to download anything, but I know many people here have tons of thing downloaded from those source that worth no less than 20 years in jail
You better not think of torrent as being safe... HTTP based downloads IMO are still the safest option by far.
With http protocol, most likely only the server providing the content knows your ip address. With torrent everyone on the torrent and all the trackers you are using know what you're downloading and your ip address.
Of course you must add your isp to the list...
While torrent traffic is easily monitored HTTP traffic is not. Your ISP can monitor your HTTP traffic, but that's illegal.
Bureaucrats like those in the FBI like to feel like they've accomplished something by going after average people. They should re direct their money to hackers who can take down "real" offenders.
FBI
Famous but idiots
this is bull shit they guy is being put on a sex offenders list, what exactly has he done apart from acedently seeing some minors,
1. try catching the people who took the photos in the first place.
2. anything like this could happen to anyone, everyone uses limewire what happens if say i downloaded music or some shit and that came up would i go to jail ?
3. do ur fucking job right stupid F.B.I
This isn't about supply & demand. As the previous anon stated, these things will continue to happen even if nobody is around to see them. Nobody is doing this for an audience and few do it for profit.
Also, 2D stuff is becoming illegal as well. Witch Hunt indeed. I always felt that if there is no victim there should be no crime.
THANK YOU. There is no reason anime/2D loli should be illegal. Yes it shows minors in sexual acts but no child is getting hurt. I'm not a pedo, I would never EVEr want to see a child in real life get violated, but what's the harm in lolicon hentai?
Actually, tbh making the evidence of a crime illegal is one of the stupidest things done. That's like jailing people for reporting a video of a person getting raped....Of course, that is certainly possible in the UK, not sure about other countries.
And from war on the drugs we know that makings something illegal only makes it go underground and won't work.
Not in AMERICA.
FUCK YEAH AMERICA.
The scary thing is this is in the city I live. It's not really surprising, but still... We got some real fucked up crime going on here and yet the cops spend all their time on this shit. Not to mention all the budget cuts to our public services is this really wise?
woah golgo haruhi werd you get that?
They are too powerless to destroy those big crimes
but they have to spend budget before new year to get more budget in the next year
and also do some silly work to show they have done something
maybe this through can be applied everywhere?(e.g. school, workplace, government)
They probably just do it to fit a quota - a numbers game...
FBI competence at its best! USA! USA! Screw criminal intent, misclicking is now a criminal offense.
Well like they said if it was an accident they suggest you bend over and lube up. It's not that they'll screw you necessarily... it's for your own good, just make sure to relax your sphincter for the nice men in the van.
If it's a statutory thing, then criminal intent isn't all that important.
you know you can gut and skullfuck that loli and get away claiming insanity or serve less then 10 years in jail for good behavior . I love how possessing digital media is worse then killing a human being .
well said, totally agreed.
The insanity defense does not work that way.
Proving insanity is difficult, and should you succeed, you'll only end up in a mental hospital instead of a jail.
Obviously that is FAR better [/sarcasm]
It's highly likely that this guy isn't as innocent as he claims to be. No truly innocent person that just accidentally downloaded one CP file and then immediately deleted it would plead guilty and accept going to jail for 3 and a half years and being listed as a sex offender. You would have to be dumber than a sack of bricks.
And possibly risk a 20 year sentence when they fill your jury with Mormons and Scientologists? It's California, so it's almost understandable. Also, it is really easy to accidentally download CP if you don't know how to avoid it, that's one of the reasons people have to be diligent in reporting bad torrents.
You plead for mercy the court reduces your term. You don't plead for mercy the court sticks you with the full term. They'll get you on possessing the pictures and not on intent of use. So you have it for one second you're guilty under the law and get 20 years for it. Like coke or marijuana.
Does that law even have a intent of use clause?
Depends: from what I understand about the US justice system they do have a nasty tendency to scare/bully people into pleading guilty even when they are innocent, particularly when said people can't afford good lawyers and experts.
I remember a pair of stories where well-off people whose computer had been infected and made part of a zombie network were basically presumed guilty as soon as the CP was detected, and they had to nearly bankrupt themselves to hire computer experts and lawyiers able to prove their innocence, with the very uncooperative court apparently more interested in throwing the suspects in jail than in establishing the truth.
Also take into consideration that US judges have a great deal of power, and I have heard quite a few stories about fanatics with a knight templar/hanging judge mentality among them who care little about the possibility that accused may be innocent. And even when they aren't completely mental, some US judges care mostly about being cultivating their "tough on crime" image for electoral purposes, and to Hell with the innocents who may find themselves wrongly jailed or executed in the process...
ya, they spent nearly a quarter million defending themselves.
cp laws are fucked up here, 17 year old girl had to register as a sex offender for taking a picture of herself topless, and her 17 year old bf is in jail.
Anonymous 11:34 says a strong truth here. If you don't have a few hundred thousand dollars at side, to hire some big lawyer you are screwed.
You will become a victim of the public image of a judge.
its sad that there are cases where you get less years for actually having sex with a minor -_-*
I'm so glad that in the place I live no 1 gives a shit for what we download, heh even government people use torents for games and movies >_>
Where is this, exactly?
Maybe I saw what you did there
Anywhere in Eastern Europe, for example. Nobody in my country gives a damn about these things.