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Reporting Illegal Activity to Law Enforcement

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(@amathian)
Posts: 2
New Member
Topic starter
 

Hello,

I've always been curious When do I need to report a case to LE?

So I am thinking of two scenarios

1. I stumble across some sort of illegal data (lets say CP) – My thought is I stop what I am doing there and report it.

2. There is already suspicion of illegal activity (lets say again CP) – My thought is that I don't even take the case and tell them to go to Law Enforcement.

Are there any specific laws surrounding this? I would love some sort of reference.

 
Posted : 05/11/2016 12:21 am
(@sgreene2991)
Posts: 77
Trusted Member
 

Not sure about any law that requires it, but we have a section in our contract that basically states that if we find any contraband of any sort the evidence and devices will be turned over to LE without consulting the client. The exception of course is if we are specifically looking for that contraband as part of our duties, then that falls in our scope.

 
Posted : 05/11/2016 12:40 am
(@amathian)
Posts: 2
New Member
Topic starter
 

Not sure about any law that requires it, but we have a section in our contract that basically states that if we find any contraband of any sort the evidence and devices will be turned over to LE without consulting the client. The exception of course is if we are specifically looking for that contraband as part of our duties, then that falls in our scope.

Yes and that is how we work, too. My question is based on suspicion. If we know that there is SOME chance of illegal activity – can we legally even touch the drive?

 
Posted : 05/11/2016 12:50 am
(@sgreene2991)
Posts: 77
Trusted Member
 

For a suspicion? That would be down to preference, not a requirement.

Take for instance a case we did not too long ago. A wife suspected her husband of downloading and viewing child pornography. Police did not want to investigate because they did not have enough proof for a warrant and they don't have the resources (we verified all of this with the investigating officer before we even took possession of the device). We go through it, find the material, and then police want the case. At which point we give everything to them and they run with it. When we get to court, we had all the documentation that showed an internal timeline of events and our conversations with LE. Defense counsel threw a fit over the whole situation, but the judge upheld that if police turned the case down it was fair game. And of course we have the same protocols and tools as LE, so the initial investigation by us was found to be valid and admissible.

A good thing for you to do is maybe talk to your local prosecutor or police department and see what their opinions are on the subject. They might be able to give you a broader view about what is legal and not.

 
Posted : 05/11/2016 1:38 am
jaclaz
(@jaclaz)
Posts: 5133
Illustrious Member
 

… took possession of the device …

Isn't this in itself is a very thin line?
I mean unless the husband managed to use a device actually owned by the wife … ?

jaclaz

 
Posted : 05/11/2016 1:33 pm
(@dan0841)
Posts: 91
Trusted Member
 

Hello,

1. I stumble across some sort of illegal data (lets say CP) – My thought is I stop what I am doing there and report it.

2. There is already suspicion of illegal activity (lets say again CP) – My thought is that I don't even take the case and tell them to go to Law Enforcement.

From a moral perspective if the suspicion is based on 'evidence' then you have a duty to report it to LE IMHO. By 'evidence' I mean things such as

1) Wife has seen sexualised chat with minors on husbands computer……..
2) Witness X has seen what they believe is Child Abuse material on Ys computer.
3) Suspect x has told witness Y that he/she has viewed Child Abuse material in the past
etc etc

If the evidence is digital and you have found it as part of an examination….. then yes…. it definitely should be reported.

If the 'evidence' is that a client is just guessing that there 'may be' and does not have a suspicion based on evidence then that would depend on a case by case basis.

Better safe than sorry. To arrest someone in the UK you only need to have 'reasonable suspicion' with the emphasis on the word 'reasonable' (Ie More than just a hunch)

 
Posted : 05/11/2016 2:48 pm
(@armresl)
Posts: 1011
Noble Member
 

I'll say what I've been saying my whole career.

I do a lot of criminal defense work. There is a line drawn by most police with a US v. Them attitude. The government would like you to report anything you see to them and let them decide on things. Not caring if the mere accusation of something ruins your life or not.

If you KNOW that something is CP through a hash set, by all means report it. If you think something is CP, then you are in a difficult position. If you are doing work on the civil side and report something or tell the client you have to stop working on an item because of possible CP, then you will likely never work for that client again.

In addition, word travels fast, and you will likely not work for anyone in that firms circles.

You are dealing with a term that by its mere utterance sickens people.

Nothing should be swept under a rug, but going willy nilly around saying I think this is CP can create all kinds of problems.

Another reason why I think hash sets are crucial for people in this business on both sides of the law. I've built up my business and reputation over 16 years in CF, no way that I fail to do the right thing in those circumstances. Some LE though just never get the memo that we are all actually on the same side. All I do is validate their findings or find something else on the drive which raises questions which they can probably answer.

 
Posted : 05/11/2016 8:24 pm
(@sgreene2991)
Posts: 77
Trusted Member
 

… took possession of the device …

Isn't this in itself is a very thin line?
I mean unless the husband managed to use a device actually owned by the wife … ?

jaclaz

It's considered community property. Whatever you buy when you are married (in this state anyway) it is considered to be owned by both the husband and the wife, unless stated in writing elsewhere. So, her being in possession of it poses no issues on our end, and our local prosecutor had no issue with it either.

It's down to jurisdiction, that's why I told the OP that he needed to get with his local LE and prosecutors to see what he can do within the confines of legality. What flys here, won't necessarily fly in other places.

 
Posted : 08/11/2016 1:13 am
jhup
 jhup
(@jhup)
Posts: 1442
Noble Member
 

[…]Not caring if the mere accusation of something ruins your life or not.

Agreed.

If you KNOW that something is CP through a hash set, by all means report it. If you think something is CP, then you are in a difficult position. If you are doing work on the civil side and report something or tell the client you have to stop working on an item because of possible CP, then you will likely never work for that client again.

In addition, word travels fast, and you will likely not work for anyone in that firms circles.

You are dealing with a term that by its mere utterance sickens people.

Nothing should be swept under a rug, but going willy nilly around saying I think this is CP can create all kinds of problems.

Another reason why I think hash sets are crucial for people in this business on both sides of the law. I've built up my business and reputation over 16 years in CF, no way that I fail to do the right thing in those circumstances. Some LE though just never get the memo that we are all actually on the same side. All I do is validate their findings or find something else on the drive which raises questions which they can probably answer.

There is a Catch-22 in this.

How is the small mom & pop shop going to check to identify that is CP?
How will they protect the victim, not duplicating the CP?
How will they protect themselves from accusation of not reporting CP?

Let's presume they get the hash of the image. Who do they send it to, specially in civil case?
What law enforcement will not demand immediate hand-over? CEORF, CEHS, LEO, NRDFI? All require leo/court credentials.

 
Posted : 08/11/2016 1:31 am
jaclaz
(@jaclaz)
Posts: 5133
Illustrious Member
 

It's considered community property. Whatever you buy when you are married (in this state anyway) it is considered to be owned by both the husband and the wife, unless stated in writing elsewhere. So, her being in possession of it poses no issues on our end, and our local prosecutor had no issue with it either.

It's down to jurisdiction, that's why I told the OP that he needed to get with his local LE and prosecutors to see what he can do within the confines of legality. What flys here, won't necessarily fly in other places.

Yep ) , surely it depends on local Law, that is most probably also different in each of the nine "community property states", but even in them there are AFAIK exceptions (like something received as a gift or inherited)
http//www.nolo.com/legal-encyclopedia/separate-community-property-during-marriage-29921.html
but I was thinking also about the possible risk of some form of (indirect) computer trespassing, *like*
http//www.outsidethebeltway.com/appeals-court-rules-husband-can-be-charged-criminally-for-reading-wifes-email/
hence I called it a "thin line".

jaclaz

 
Posted : 08/11/2016 1:40 am
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