Enterprise Cybersecurity in Digital Business: Building a Cyber Resilient Organization by Ariel Evans

Author:Ariel Evans
Language: eng
Format: epub
Publisher: Routledge
Published: 2022-01-18T00:00:00+00:00

You risk spoilation, which is the destruction of evidence.

What happens if you find child pornography on a company computer? Unfortunately, this dreadful thing happens a lot. If the company computer is hosting child pornography and you become aware of it, that's a big problem and you have to do something. It is breaking the law at both the federal and state levels.

The child pornography law

Images of child pornography are not protected under the US Constitution. The possession and distribution of child pornography is illegal under both state and federal laws. Many people download files from the internet that contains pornographic images. Over 20% of all internet pornography involves children.6

In some cases, individuals are misdirected to internet sites that they did not intend to visit that contain child pornography. Charges may be made against innocent individuals who were fooled into visiting these sites.

Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). This includes pictures, videos, and graphics that are digital or computer-generated. Altering a photograph or video to appear as if it is a minor can be considered child pornography. Artistic drawings that are used in scientific, academic, or have other nonillegal value are not in the scope of child pornography.7

Individuals must knowingly possess, distribute, or receive child pornography to be charged with this sex crime. The court has to prove there was intent on the part of the defendant. Many internet investigators track which computers access child pornography websites or download pornographic materials. Individuals that download hundreds of images or are repeatedly accessing a website with child pornography will be hard pressed to prove that they had no intent to possess these illegal images.

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