Horror story...... - page 5

A cause for concern. Thank God most places do thorough background checks........ Albany/Schenectady, NY... Read More

  1. by   sunnygirl272
    Originally posted by nurs4kids
    I can't believe we've already convicted this guy!

    I'm curious about a few things.
    First of all, imho, he was illegally searched and seized...

    and, most of all..
    was this porn LISTED as child porn?? Much of the porn on the net will list as "barely 18", etc..and the pics look more like 13 or 14 yr olds.

    i agree with suzy..i'm still not ready to convict this guy..i actually have yet to see a reasonable cause to SUSPECT this guy of any criminal action, much less convict
    wa? how do you figure he was illegally searched and seized?

    i do agree there MIGHT be more to the story...and it is possible to accidentally have kiddie porn...most people delete it...

    anyone got followup of the story???
  2. by   Q.
    Originally posted by sunnygirl272
    wa? how do you figure he was illegally searched and seized?
    I think what Tracy means, and what has me concerned as well, is the fact that an outside organization, without permission, tracked the downloading habits of this person, whether it was through dialing in to his server or what. I don't think the laws have caught up to that kind of thing, and that to me, is a violation of privacy.

    This organization then has set a precedent that we can track the websites and things that YOU use, for example. What if an organization dialed into YOUR computer and, found statements you made here to be offensive, or not in line with the Nursing Code of Ethics? Could that then be legally and justifiably sent to your employer?

    Anyway, I think that is what Tracy's beef is with this. I know it's mine.
  3. by   Youda
    The Child Pornography Prevention Act and the federal Children's Privacy Protection and Parental Empowerment Act makes the monitoring, seizure, and investigation of child pornography possible. I think you may be unaware of these laws. There was no "illegal" search and seizure from the point of view of these laws to protect children. If you would like to review some case law concerning the prohibition of internet child pornography, you could do an internet search on the subject, and here's a link to get your started:
    http://www.cyber-rights.org/reports/uscases.htm
  4. by   Q.
    Nice link, Youda, and I understand child porn is illegal. But you failed to show me a citing which states that dialing into my server, without my knowledge or consent, and searching my computer files without cause is lawful.
  5. by   Youda
    Another point after re-reading nurs4kids' comments. According to the current child porn laws, even if the person in the picture is actually 99 years old, if they are made to APPEAR as child pornography, it is still considered child pornography and it is illegal, on the internet or anywhere else.
  6. by   Youda
    The laws themselves give law enforcement agencies the right to do this. I refer you to the original Acts cited above.
  7. by   Q.
    ISPs such as AOL, which can monitor your activity and which you agree to this when you register, and who often work in cooperation with federal agencies, is different than a web-based file server, which we have. I don't see anything with regard to this in your link.
  8. by   woundnurse
    Had my son (hes over 18), a few months ago use my computer and guess what he down loaded. I got it cleaned up but still receive very x-rated e-mails on a daily basis... Not fun but only way I can think to eliminate is to change my e-mail address... needless to say son is not allowed to use computer

    Would hate to think someone thinks I'm asking for this "stuff". PS most don't have ways to get off their lists either.....
  9. by   Q.
    I'd also like to point out that I'm fairly certain the current laws make it illegal to hack into, put a worm or exploit on, my computer or servers to obtain my files and search my computer. THAT is illegal search and seizure and any valid search warrant obtained USING that information that was obtained should be thrown out.

    This is no different than obtaining entry into my home by taping the door latch so that once I leave, you can push the door open and search my home, and then obtain a valid search warrant by stating "well, I saw some weapons in her home, and they were performing anal sex and that's against the law...." Um NO. The method by which you obtained that information is ILLEGAL. The end does not justify the means.
  10. by   Youda
    woundnurse, it is definitely impossible to get off the spam mailers once you get on. There's a terrific little free program that you can download that will "bounce" back to the sender anything you want to bounce, and gives the bounced email the exact same appearance as if the email addy was dead. What this does is tell them that your email address is no longer valid and they remove it from the list. In reality, your email address is still valid. I've used this program for a couple of years, and I love it! A wonderful way to fight spammers, viruses and porn. (Also keeps it from ever getting onto your computer in the first place!)
    http://www.mailwasher.net
  11. by   Youda
    Susy, this thread is about one incident reported in a news report. Pornography laws seem closely related to that subject. There are different laws for breaking and entering your house, monitoring of computer activity, and child pornography. It would really be like comparing apples to oranges. So if you would like to discuss general internet laws and privacy, the new Homeland Security bill which will wipe out any internet privacy you think you still have, then perhaps you could start a separate thread?
  12. by   Q.
    I don't see it as different at all. Tracy rightfully mentioned her concern with hacking into one's personal computer by illegal means. I share that concern. I have concerns about the Homeland Security Bill as well, yes, which is instituted out of fear of terrorism.

    You mentioned the link Youda, as a response to our concerns above. We simply challenged you that until the Homeland Security Law is reality, hacking into my computer or using a worm to see my files is illegal. WE were responding to YOU. Maybe you should've placed your link on a different thread?
  13. by   baseline
    Well.....this was interesting...now its not....enjoy the fray.

close