Welcome Guest - Please Login | Subscribe |FAQ's | Why Register | Privacy Statement |
| Classifieds | Jobs | Cars | Real Estate | Directories | Yellow Pages+ | My Clips | 
     
 Today is December 01, 2008 Current Temperature: 36° in Lewiston, Maine 


Printer Friendly Version      Email Story     Increase Text    Decrease Text
iPod Friendly
  Comments
Reporting a heinous crime, responsibly

Wednesday, August 13, 2008

Possession and/or dissemination of child pornography is an offense without appropriate punishment. Nothing the criminal justice system can levy upon an adult equals the savage victimization sexual abuse does to a child.

We expect courts and judges to proffer little lenience toward pedophiles. We also expect citizens to have zero tolerance about child pornography; if they know or discover someone is involved in it, they should call authorities.

And we expect most already do, without a law making them do so.

Maine lawmakers are considering turning computer technicians into "mandatory reporters" of child abuse or pornography. If a technician sees material on a computer that could be pornographic or exploiting of a child, they must report it.

This does happen now. In a noted case, a Portland man was sentenced last year to 18 months for possessing child pornography. The tip came from his technician, who found the offending material on his computer.

Maine's Computer Crimes Task Force, according to published reports, gets a handful of tips from technicians every year, most of which lead to criminal charges. So, when tips have come in, they have been solid.

The reverse could be true with mandatory reporting. Danger from this otherwise laudable legislation comes from giving computer technicians no choice in reporting material that may - or may not - be pornographic.

It presents an exercise in tricky policy-making. By what standards shall the state define child pornography, so as to avoid frivolous complaints? Or, what threshold should the state set to avoid innocent people from being investigated for one of our society's most heinous crimes?

Accusations of child pornography are grave. So are repercussions from false or irresponsible technician reports, or even just their honest misinterpretation of material. It must also be clear technicians are not law enforcement agents- mandatory reporting references what they might uncover, not what they seek.

These are unintended consequences that have civil libertarians jumpy - the prospect of citizens having to prove to police their material is not pornographic, after an overeager or lax technician reported them because the law said so.

Will mandatory reporting catch more pedophiles? It is likely.

Technicians have been reliable sources in the past and will probably remain so.

But could it also result in accusations against innocent persons?

This is also likely. It is an outcome lawmakers must mitigate while drafting this law.

CLICK HERE To Show/Hide Discussion Thread - (0 Comment)
Comments
Posted By:Morning Man at August 13, 2008 6:15 AM (Suggest Removal)
Most mandated reporters of child abuse and neglect have professional status. They recieve training in regards to reporting laws, indicators of Child Abuse and Neglect, and a professional license that could be revoked or canctioned. How are you going to enforce a law of this sort? When was the last time a person was punished for failure to report cildren in danger? Why have a law that will or can never be enforced? You just can't replace common sense with a law unless we arrests lawmakers and their ilk for proposing stupid laws.

| Add your comments
Posted By:James at August 13, 2008 6:17 AM (Suggest Removal)
What's this writer afraid of? If a person is innocent, an investigation will establish that fact -- unless, of course, one cannot trust the competence and integrity of the investigators.

| Add your comments
Posted By:JohnBerry at August 13, 2008 9:33 AM (Suggest Removal)
This is a difficult topic. There have been cases where an unsuspecting computer owner has has his computer hijacked by hackers and used for storage and transmission of all kinds of porn. And innocent people are found guilty of crimes all the time. ----- My big problem is the lack of consistency in sentencing. We have seen some sent to jail and others given suspended sentences and community service. I think some jail time is needed in all cases to show that having child porn is a serious crime. Having child porn is what creates a demand and the demand is supplied by people abusing children. In my eyes this makes the person who downloads porn an accomplice. ----- I have also noticed that some of the sex offender notices in the SJ show some people who committed crimes 30 years ago still required to be on the Sex Offender list, while others (like Regis Lepage) are only given 10 years on the list. There really should be a consistent standard.

| Add your comments
Posted By:JulieL at August 13, 2008 11:49 AM (Suggest Removal)
The only consistency in sentencing; wealthy clients serve little or no time, the poor, especially poor minorities, go directly to jail, do not collect $200.

| Add your comments
Posted By:BEN HARRISON at August 13, 2008 11:57 AM (Suggest Removal)
If a tech stumbles upon child porn while repairing restoring or otherwise working on a customer’s computer I think they have a moral obligation to forward that to law enforcement. However I do not think mandatory scanning or searching for child porn on a customer’s computer or trying to search a hard drive for deleted porn is appropriate!! And if a child porn disseminator is caught and law enforcement find evidence that the computer was recently worked on will the tech face charges for not finding the porn!! It's a Pandora’s box legally ethically and constitutionally!! Should plumbers or electricians be required to search the houses of their customers for child porn or evidence of child abuse/neglect ect!!! protecting children is important but we shouldent burn the bill of rights to do so!!! We have to save that to keep us warm this winter!!!

| Add your comments
Posted By:David Hughes at August 13, 2008 12:47 PM (Suggest Removal)
James, the problem is that the accusation is more then enough to destroy a person reputation and career. Any move to make computer techs mandatory reporters has to be crafted in such a manner as to minimize any chance of false accusations becoming part of the public realm.

| Add your comments
Posted By:John in Auburn at August 13, 2008 3:32 PM (Suggest Removal)
This is over regulation by the Government once again. The laws on the books already cover pedophiles and the reporting of them. Suspicion by a non-trained individual (Computer Tech) will mar a person for life. Now.....what if a Computer Tech works on a computer and DOES NOT see evidence that is later recovered? Is said tech held responsible? What if a Tech sees other evidence of other crimes, or does not see them and they are later found? Enough is enough. Laws are on the books and they should not keep getting tampered with by the Legislature. They should be working on our financial burden in this state.

| Add your comments
Posted By:dr. dosh at August 13, 2008 7:39 PM (Suggest Removal)
Most firms have an acceptable use policy for internet use that everyone reads and signs . Child pornography is illegal here in U . S . Innapropriate touching , too . Computer Techies aren't suppose to be watch dogs on every little thing that has to - do with 'puters . They have to install updates , porn & spam blockers , and stuff like that . It was my job at http://www.usaid.gov as the computer Ombudsman for our worldwide operations in 77 countries to make these judgement calls . Luckily i did not have to make many . If some one -- any one -- stumbles upon pornography on a government or business computer ( even if it's just on the screen whilst one saunters by ) they should report it to their supervisor , whomever he or she is . Making the I T the fall guy for all this crap is irresponsible . It doesn't come from her or him . It's not in their job description and really shouldn't be . Maine is proposing an ill fated prescription to a problem that exists , but not in the magnitude many may think . Any legislator worth his or her salt knows , ( or should know ) , that it is quite difficult to legislate morality . Leave it be , let sleeping dogs lie , and have companies continue policing them selves . That has actually worked in Maine and elsehere as a solution . i'd hate to work for a company in Maine that makes little gurl's tu-tu's . How about them Chinese female gymnasts , huh ? C l e a r l y not 1 6 ƒ's . . but the B O C G is washing their hands of the whole matter . Child labor in China still , also Alo'ha , Steve Ω

| Add your comments
Advertisement
“Paint Your Heart Out: Embracing Art and Healing”
a collection of watercolor paintings, will be exhibited at the Central Maine Medical Center Rotating Art Gallery from November 7 through December 1.
read more >>
Central Maine Obstetrics-Gynecology
is the first Midwifery Service in Maine and only the second in New England to be recognized by the American College of Nurse-Midwives with its Golden “With Women for a Lifetime” Commendation.
read more >>
Deborah Taylor
associate director of the Central Maine Medical Center Family Medicine Residency Program, has been elected to the Society of Teachers of Family Medicine (STFM) Board of Directors.
read more >>
Erwey A. Teng, M.D.
a pulmonologist and intensivist, has been elected to the Central Maine Medical Center Medical Staff. He is practicing with Pulmonary and Critical Care Associates in Lewiston.
read more >>
Medicare Program
Central Maine Medical Center and SeniorsPlus will offer individual counseling for seniors who want to review their Medicare drug coverage for 2009.
read more >>
Contents of this site © 2008 Sun Journal
| Forgot Password |Blog Policy | Privacy Policy | Feedback | Advertise With Us | Contact Us | About Us | Faq's | Help |