Thursday, December 16, 2010

Defending the Defense of Child Pornography

The crew at Sensei Enterprises wrote an article in 2009 presenting the argument for defending those accused of child pornography-related crimes.  The article also lays out what can and can't be determined through computer forensic analysis. 

Perhaps one of the most relevant parts is on pages 5-6; they describe the mitigation that occurs between law enforcement/prosecution and the defense counsel/experts regarding the manner in which the defense will conduct its analysis.  Since law enforcement cannot simply send the evidence to the defense, as it is considered contraband, the defense must travel to the site of law enforcement in order to conduct an examination.

This process can go smoothly or be complicated by conflicting views on having to assist the defense with their case.  I've had cases where law enforcement has provided a computer and a fully-processed case for me to conduct my review on.  Even then, I still had to travel 300 miles and spend the night in order to do so.  When law enforcement is less cooperative, the costs increase considerably.

If you investigate or defend cases involving child pornography, this article is a must-read.

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