Best of the ISP-Lists

Is This a Legal Issue or a Moral Issue?

One member of the ISP-Marketing list sparks a debate with this fiery question: "What are the legal issues surrounding inadvertently finding child porn images on a customer's computer?"

[June 14, 2001]

On the ISP-Marketing list in May, one member asked,

"We are an ISP, and we also do PC repair work. What are the legal issues surrounding inadvertently finding child porn images on a customer's computer?"

Some respondents advised caution in dealing with such a high-risk situation:

[JE suggested] "The question becomes whether you have a moral obligation to report it, or if reporting it would violate any contract you made with the customer. So consult a lawyer."

[FY added] "By law, you are certainly entitled to report it, but this is tricky, since you don't know if this customer of yours is responsible for creating the stuff or simply downloading it. I'd contact your lawyer and ask what you are supposed to do. Good luck: I would hate to be in your shoes."

Others voiced stronger opinions:

[DH offered] "I usually preach that before you act, you should always consult your attorney. However, in the case of child porn, I would not hesitate for a second—nor would I wait for the lawyers to finish their round of golf to call me back. I'd call the local Police Department immediately."

[KR agreed] "If you saw an email on a customer's computer saying that he was going to kill his wife, would you hesitate to intervene? The customer invited you to look inside his computer. No questions. No hesitation. No qualms. Report it."

[BC added] "There was a case just like this last year here in Alaska. The computer tech reported it to the local police, and they were able to uncover a fairly large sex/drug ring because of it. Do what's right."

Still others took another point of view:

[TS observed] "There's another issue to consider. If someone brings their computer in for repair, regardless of the type of repair, do you have the obligation or authority to pry into the files on their hard drive? I happen to know one repair place that automatically reviews all directories and files on a client's drive when they bring it in. That's not only improper, it's an invasion of privacy. Much as I am against child pornography and the like, I am not an agent of the police. That's why we have a policy of just fixing the machine and not getting snoopy."

[MG agreed] "If you want to protect yourself from a lawsuit from the PC owner, give out a sheet explaining your procedure and that you might 'accidentally' view private files. Have a lawyer draft this for your protection. I used to be in the one-hour photo business, and we were obligated by law to inform the authorities of child pornography in pictures. But customers who left rolls of film gave us permission to view their photos. You don't have that right, since your only job is to fix the computer."

— End