Underage Nudity Being Shared On The Gnutella Network - Porn and Laws

The main thing is DON'T PANIC. It's not like the stuff has a magic spell on it
that psychically drags feds to your door. Just delete the little bit you got by
accident and defrag and no cop on the planet will be able to claim you are some
kind of evil porn addict.
 
alright - im still learning bout this stuff, i do appreciate the knowledge. btw i dont have a burner. so they were deleted and defragged. i read up a few posts up that if they are deleted which they are then i stand a chance explaining myself if fbi investigate me, may. but thats their waste of time being A) i dont have any potential or real illegal files on the drive B) they may not have been even real illgeal movies - perhaps they were just tagged pedo or 14yo - but in fact just another misltagged tag (which many seem to be jsut tags, example, was downloading a gay porn tagged gay and came out was about some girl ****ing a guy, mistagged, maybe these were misstagged too)

so im not too worried now that im using my logical brain. its just really doesnt seem worth my stress to use these programs. then again maybe i should look before i leap rather than hit shift and download many files tagged one thing which may be tagged with something else as well.

example: "hey ill enter gay porn into the search" hey look 20 files, weee!!!! click, download all....hey what the? whats this in my folder? oh god what if its real? DELETE DELETE DELETE... this has happened in the past when i download multiple files. thats why i swicthed to frostwire but yet again filtering wasnt enough - means i cant download multple files - i have to read each file being before downloading...which sucks cause i like downloading many files cause many wont download fast enough lol
 
Exactly! There absolutely has to be some sort of verified and
solid evidence in hand before the police can proceed.

A phone call or email is never enough by itself, so the police
have to investigate and get some probable cause that a
crime has been committed before getting a warrant for
search or arrest. Someone who has accidentally
downloaded and then deleted a file is never going to find
themselves in such a position because no such evidence
exists. Any search or arrest (which would have to be based
solely on hearsay or suspicion) against such a person would
automatically be thrown out of court as soon as it is
discovered that the mandatory hurdle of probable cause had
been ignored.

Even if a person had been caught with millions of files, that
evidence would be permanently inadmissible if the police
had obtained it illegally. In the case where an innocent
person is illegally tagged with a single file, it would be the
policemen and prosecutors facing criminal charges, not the
other way around.

What you are describing there is a case involving a person
who shares such files, against whom a screenshot
showing the files being shared can be obtained. If
you are imagining a case in which an innocent person could
be logged downloading such a file, don't forget that
the only person capable of providing a screenshot or
testimony is the very same person who is actually
sharing the file and breaking the law. The police
cannot ever commit a crime to catch a criminal, so that
scenario is completely ruled out too.

The bottom line is that anyone who accidentally downloads
and then deletes an illegal file of any kind is completely
safe from prosecution. The only way they could get
themselves in trouble is to let themselves be tricked into
confessing to more than they actually did. Even then, any
competent lawyer could expose the trickery and nullify that
improbable and hypothetical threat.

So, there's not much point in destroying all your data and
reformatting your whole disk when just deleting the file and
defragging or wiping free space is going to work well
enough. In fact, taking such an extreme measure will tend
to indicate to anybody that more was going on and would
tend to raise suspicion.
 
If you want to read up on p2p, I'd suggest looking at Gnutella for Users - Gnufu

There you can find info how Gnutella works in a style which is easy to understand without having to dig RFCs first.
 
Not sure what all the heat is really all about here, but...

Two simple points for now.

It is NOT emphasized strongly enough - and the very title of this thread is fundamentally in error - that it is NOT Limewire or any other Gnutella Network client providing 'offensive' material.
Limewire is just one of many 'clients'.
The material is made available by individuals who happen to be using one tool/client or another. So, cease any specific references to Limewire or any other one client. Those who have posted with the conviction that there is some degree of responsibility due to any Gnutella Network client are only expressing their ignorance of the system and p2p networks in general.

And...

In the great majority of cases file recovery can be achieved very easily and at no cost...

Recuva - Undelete, Unerase, File Recovery - Home

Try it.
Be amazed... After so-called overwrites, defrags and 'cleanings' you will still be able to recover enormous amounts of data - either perfect clean files or partials that can be 'repaired' and certainly file names and locations.
Even the Piriform 'Secure Delete' function doesn't really wipe anything !!!
 
Howdy bci, and welcome to the Gnutella Forums!

Claiming that CP was not the kind of porn that he intended to download was not his best move; he was either too honest and/or too stupid. However, if only one file on his machine could be classed as CP, and it was deleted two-years ago, (evidence of a mistake, rather than a repeat offender), then the proceedings against him are a huge waste of resources and an apparent violation of the legislative intent of the law.

However, imho, the FBI is not above ruining this young man's life in order to discourage ("illegal") p-p. How many people will be deterred after hearing that the kid got busted after accidently downloading only one file? Makes Limewire sound scary.
 
So what if you didn't make it.

If they (the athorities) wanted too they could bust you for any amount. Usually the way one gets in legal in trouble is when a family member/friend etc... finds the material and turns them in.

I believe that the current law is one year for each picture.

True it may seem like it'd be wasted effort to go after a person with 1-2 files listed for available download but remember that where there's smoke there's fire. If someone has just a couple files for download doesn't mean that is all that they have collected.

Remove the content and don't download it to begin with is the best suggestion.

As for the nudity law, if the person is a nudist it's ok if they are nude but they can't be posed. They law can get you for any nudist images that aren't entirely up to snuff.

It's not about your definition or beliefs but the definition in Blacks Law dictionary that most legal pratices go by.
 
these last 3 posts rather disturb me...maybe I don't quite get the point of me112233, but I think mr. animal needs to take a bus about 15 miles south and stay there....
 
I didn't want to look at that stuff. I just didn't know that pthc stood for preeteen harcore, I mean are we all suppossed to know the lingo of the pedophiles. I am still scared shitless, and I just feel that getting this of my chest will make it all better
 
yeah...it was tucked away in a .txt file in your system32/dllcache folder....

you're riding in a sinking boat d00d....get real and stop arguing with facts....and yes, it is not very often that such technology is used to get data back, but it can be, and that is the argument...
 
You know OC

As a person that has always favoured education and knowledge over fear and ignorance, which can be used as tools for bullying, I believe that this "monitor" is wrong in his approach.

Using fear to scare youngsters looking for help and reassurance could have all sorts of unforeseen consequences, some of which could be far worse then a kid giving himself up to the cops.


UK Bob
 
Sykes85

You asked:I saw the picture but because that organisation is American there is no way I can know whether it is true or not. However, as American and British law are very similar it is highly unlikely that you can be prosecuted for anything.

You also asked:Nothing, just defrag once a week as advised.


UK Bob
 
Agreed. Ultimately, the authorities know that they may have to present their evidence before a jury. I hope the day comes when they have to look long and hard to find people with one deleted CP file. Collectors of CP collect images. I am sure authorities can find a wealth of cases, with hundreds of videos, leading to easy convictions, without potentially having a jury worry about ruining a lad's life for one such offense.
 
Thanks for that ususla. I visited the site and it claims to recover normally deleted items via the recycle bin. I.e. files that have been dumped from the recycle bin but not otherwise overwritten. These fellows here are claiming a video file can be recovered well enough to determine if its child pornography after being overwritten several time. The overwrite might be in the normal course of using the computer or deliberately by a program which targets that file.

I asked this fellow if his program could pull up a single letter file after it had been overwritten several times and was given a cocky answer. No pun intended there.

Most people interested enough to find out know that a file is never deleted via the recycle bn. The space is simply made available to be written over. However a "cleaning" program can target that specific file for you and overwrite it immediately with random code and do it multiple times if you desire. Its been claimed here that even when overwritten a video file, with its massive amount of data, could be restored enough to view it well enough to be used in a court of law as proof of ownership of child porn.

Like recycled steel made into a car its impossible to tell it used to be a tin can. In my humble opinion anyway.
 
I like other people here have accidentally downloaded child pornography by either clicking misnamed files or getting some unwanted files that were caught when I do mass downloads at one time. It is something you cannot avoid unless you begin to practice more cautious downloading. Unfortunately, law enforcement just doesn't have the resources to catch most pedophiles online... but they are trying. My advice to anyone using Limewire or any other p2p program is to watch your downloads like a hawk and always be patient when clicking on the files you want. Sometimes the search will jump right when you're about to click on something and you end up downloading a file you didn't want and many times won't catch it until you go to play it. Your chances of being brought against the law by accidental downloads is very very slim so don't freak out if it's happened to you. Like I said, law enforcement just doesn't have the resources. Like many people have said on here, the ones being looked at by law enforcement are the people sharing the content wether it is any form of pornography or just simple mp3s. But even then, if it was an accident, just delete or clean the files like people suggest and be more careful from then on. I personally set my share folder to a different folder than my incoming folder that way I can make sure I am not contributing to the problem.

Bottom line is, if you are downloading mp3s, just go buy the cd. If you are downloading porn, keep a very watchful eye on what you're doing. Always have your spyware and virus protection up to date because getting in trouble with the law isnt the only risk you take by using p2p programs, especially when getting porn.
 
It really depends on jurisdiction as far as nudity goes. Some states
and countries are stricter than others, some ridiculously so.
 
Yes, but it is so freaking efficient for the network to do so...

Sidenote: Only abut 1/4th of the people of whom I download have the file as partial file, so sharing files you're downloading at the moment doesn't really increase speeds that much. But it's likely that the download mesh wouldn't work without partial file sharing.

The "What's new?" search should make it far more efficient, though.

And in anonymized p2p (for example i2phex) sharing partial files by default doesn't create problems. And i2phex works, albeit slow.
 
It is really rotten that the justice system (should I use that word) treated him that way. Police, prosecutors and judges are all in a business which is rated on its conviction rate. Just like a retailor of gasoline does not care if you're are suffering because of the recent increased cost of gasoline the prosecutor cares only about his conviction rate. The police their arrest rate. And of course what judge doesn't want to seems tough on child porn?

Innocent you say? "Yeah they all say that" they'll tell their cronies at the pub tonight.

How did the fact that these deleted subjects had been downloaded come to the attention of the authorities?
 
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