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jaa
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reply to jaa

Re: Computer technician finding illegal activity

My opinion is a technician is ethically bound to treat all information on the computer confidentially. I have had people have me sign a HIPAA agreement, which is the right thing for them to do.

I am not a lawyer, but it seems computer technicians are under no obligation to report. »beaconnews.suntimes.com/news/119···est.html

I don't know what I would do if I found child porn, fraud, or other indicator of illegal activity on a computer.
--
NOTHING justifies terrorism. We don't negotiate with terrorists. Those that support terrorists are terrorists.


NormanS
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said by jaa:

I don't know what I would do if I found child porn, fraud, or other indicator of illegal activity on a computer.

What would you do if you came across files relating a plot to bomb an abortion clinic, or even a police station?
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


Archivis
Your Daddy
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You act on it. If you don't, you're retarded. It's not your fault that people are doing illegal activity. We're not talking about software piracy, we're talking about violence.

You discretely put yourself into a safe place, be sure you know what you're looking at and report it. Child porn the same.
--
A government big enough to give you everything you want, is strong enough to take everything you have. -MLK


JALevinworth

@embarqhsd.net
reply to jaa
said by jaa:

I am not a lawyer, but it seems computer technicians are under no obligation to report. »beaconnews.suntimes.com/news/119···est.html

That's in IL Every state has different laws.

Most states require that you report it if you find it. (some states have protections additionally if you don't find it and return it). On the federal level, if you are a telcom or service provider, and find it, you must report it to the National Center for Missing and Exploited Children.

said by jaa:

I don't know what I would do if I found child porn, fraud, or other indicator of illegal activity on a computer.

First, check the law in your state.

Food for thought:
No law was broken by Joe Paterno either and thus why he wasn't charged. In fact, he followed the law to the letter for it's reporting requirements.
-Jim


JALevinworth

@embarqhsd.net
Clarification:
said by JALevinworth :

..In fact, he followed the law to the letter for it's the commonwealth of PA's reporting requirements.
-Jim



NormanS
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reply to jaa
said by jaa:

I am not a lawyer, but it seems computer technicians are under no obligation to report.

Among the list of "mandated reporters" in the State of California":

Commercial film and photographic print processor

»mandatedreporterca.com/who/who.htm

Although computer technicians apparently aren't mandated, currently, I am guessing they would have grounds for action if they were terminated for reporting, based on this listing.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


JALevinworth

@embarqhsd.net
FYI: "Mandated reporters" is for child abuse - CP is commonly coded separately. (Not that CP isn't child abuse - child sexual exploitation certainly IS... but the laws and penalties might differ for each in different states, so being not on the mandated reporters list does not mean you don't have to report found CP).

2012-09-17 18:39:38


NormanS
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"Commercial film and photographic print processors" are much more likely to encounter child pornography than simple child abuse.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


JALevinworth

@embarqhsd.net
said by NormanS:

"Commercial film and photographic print processors" are much more likely to encounter child pornography than simple child abuse.

Norm, I agree, but different states have different laws and while some may have rolled their CP laws into their child abuse laws (or sexting or human trafficking), others have additional CP statutes.

Here's the federal statutes which you'll see child abuse and CP are separated into different statutes:
»codes.lp.findlaw.com/uscode/42/132/IV

It's very wise to be sure in your state what the statutes are.

2012-09-17 21:20:28