|Polk County Child Porn Defense
Polk County State Attorney says he will pursue suspects accused of possessing, trading and, in some cases, even creating child pornography. We learned that the operation is called Operation Child Shield. State Attorney Jerry Hill, whose jurisdiction, the 10th Judicial Circuit, also covers Polk, Hardee, and Highlands counties, says “the penalty which prosecutors pursue is always tough” says TBO.com .
Hill also said prosecutors in his office have never dropped a child porn case involving any of the more than 150 people rounded up in recent months in Polk in several multi-month law enforcement operations. “These cases are just simply not dropped. These cases are not diverted. They’re treated about as seriously as anything in this office,” Hill told TBO.com.
When prosecutors aggressively pursue these cases, a forensic examination of the computers seized, the methods used, and the Search Warrant issued in the case need to be carefully reviewed for flaws that may force a court to do what this prosecutor says he never does.
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Source TBO.com http://www2.tbo.com/content/2010/apr/23/prosecutor-polk-promises-tough-stance-latest-child/news-breaking/
A Tampa federal judge has refused to dismiss a counterclaim filed in federal court by a USF student who accuses the recording industry of using deceptive tactics against USF students named in music downloading lawsuits.
The Tampa students accuse the RIAA, the recording industry of hiring private investigators to invade private computer networks. They also accuse the industry of using the court system as an investigative arm and then extorting money from people, using private information gained from the courts to force settlements.
The record companies have sued more than a dozen University of South Florida students, accusing them of illegal downloading. The RIAA suits and the threat of suits have caused at least 64 USF students to pay off thousands of dollars to settle music piracy complaints with record labels.
Tampa Attorney RIAA File Sharing
43 nations have signed on to the Convention on Cybercrime drafted by the Council of Europe with considerable input from the United States. The cost of combating cyber crime committed overseas may now be passed on to American businesses. Under the new treaty, participating countries are given sweeping access to information in United States for cybercrimes that may have been committed overseas.
For example, France has strict laws addressing the sale of Nazi memorabilia. Sale of those items on eBay may not necessarily violate United States laws. However, French authorities may seek information from buyers and sellers in the United States regarding sales that are otherwise legal in the U.S. . Article 12 of the treaty may make businesses liable for “lack of supervision or control” of employees to may have committed criminal offense(s) covered by the convention. Businesses need to watch employee activity that, while legal in the United States, may violate the laws of a participating signer of the treaty.
The record retention requirements in the treaty may require business to address the electronic discovery (eDiscovery) and computer forensics requirements that may be mandated by this new law. The costs of the Treaty will be borne by the private sector.