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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.

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