Peer-to-Peer Networks Remain Target of Child Pornography Investigations

Although a federal judge ordered peer-to-peer (“P2P”) network LimeWire to shut down last month due to copyright infringement issues, investigations continue by law enforcement officials into the use of older versions of LimeWire and other P2P networks as forums for the distribution of child pornography.

Since 2003, federal law enforcement agencies have undertaken a major initiative against the distribution of child porn over peer-to-peer networks. Unlike traditional computer networks, which use a central server to exchange files, peer-to-peer networks like LimeWire allow users to connect their computers directly to one another. Once a user installs a peer-to-peer software application on his or her computer, he or she can access it directly to search for and download files designated for distribution on any computer using the network at that time.

Investigators and agents from participating state and federal agencies continue to infiltrate P2P networks to identify those who have distributed and taken possession of child pornography. Sophisticated computer programs have been developed to identify child pornography stored in folders shared through peer-to-peer applications. These applications work by searching for and identifying the “fingerprints” of known child pornography files. Every computer file, regardless of name, has a unique “fingerprint” that distinguishes it from any other file. Known child pornography files have been recorded in a national database. The investigator’s software searches for the digital fingerprints of these known child porn images on LimeWire, and then reveals the location of the computers trading the illegal images.

Although the Fourth Amendment generally requires police to have a valid warrant to seize a computer from a person’s private home, several federal courts have recently ruled that the police do not need a warrant to search publicly accessible files from a private computer on a peer-to-peer network. The Fourth Amendment prohibits unreasonable searches and seizures. Except for several well-noted exceptions, the police must have a valid warrant prior to conducting a search of a person or their private property. If the police do not have a valid warrant, any evidence seized during the illegal search is generally inadmissible at trial. Recent decisions have held that individuals do not have reasonable expectations of privacy in content made publicly available on LimeWire; therefore, law enforcement need not have a warrant to search and download content from the peer-to-peer site.

All persons charged with crimes are entitled to the protections afforded by the United States Constitution. An experienced criminal defense attorney helps to ensure that a defendant’s rights are protected before, during and after a trial. If you have been charged with or convicted of a criminal offense, you should consult with a criminal defense attorney immediately. For a confidential consultation, contact the Law Offices of Marc Neff at (215) 563-9800 or via email at marc@nefflawoffices.com.