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Home > Archive > alt.certification.cne > September 2002 > a legal question
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| Para-Legal 2002-09-13, 3:29 pm |
| Hi my name is Rick and I am a student of law, and I currently work for a small
lawfirm in Chicago IL.
I am working with a case of a person posting images onto newsgroups of the
illegal variety.
My question is reproductions of images over the internet.
Now my boss says and he believes there is a gray area around this this.
As a PC tech and a former networking student I understand this as well.
How can you prove with out a reasonable doubt that the images were viewed by
anyone?
If so how?
Then not so then how?
How can we disprove the fact that any of the questionable material wasn't
viewed or downloaded...
Any answers or questions would be helpful
Thank you for all of your time
Rick Leonard
(Steiner and Associates)
| |
| Slammer 2002-09-13, 5:29 pm |
| I don't think you can prove they were viewed...but if they were download,
the ISP could pull the server log files and see which files were downloaded
or uploaded and by whom....best of luck
--
Slammer
A+, Net+, CNA, MCP+2
"Para-Legal" <rleonard@law.com> wrote in message
news:5_qg9.4832$Os3.330958@newsread1.prod.itd.earthlink.net...
> Hi my name is Rick and I am a student of law, and I currently work for a
small
> lawfirm in Chicago IL.
>
> I am working with a case of a person posting images onto newsgroups of the
> illegal variety.
>
> My question is reproductions of images over the internet.
>
> Now my boss says and he believes there is a gray area around this this.
> As a PC tech and a former networking student I understand this as well.
>
> How can you prove with out a reasonable doubt that the images were viewed
by
> anyone?
>
> If so how?
> Then not so then how?
>
> How can we disprove the fact that any of the questionable material wasn't
> viewed or downloaded...
>
> Any answers or questions would be helpful
>
> Thank you for all of your time
> Rick Leonard
>
> (Steiner and Associates)
>
| |
| Slammer 2002-09-13, 6:29 pm |
| I don't think you can prove they were viewed...but if they were download,
the ISP could pull the server log files and see which files were downloaded
or uploaded and by whom....best of luck
--
Slammer
A+, Net+, CNA, MCP+2
"Para-Legal" <rleonard@law.com> wrote in message
news:5_qg9.4832$Os3.330958@newsread1.prod.itd.earthlink.net...
> Hi my name is Rick and I am a student of law, and I currently work for a
small
> lawfirm in Chicago IL.
>
> I am working with a case of a person posting images onto newsgroups of the
> illegal variety.
>
> My question is reproductions of images over the internet.
>
> Now my boss says and he believes there is a gray area around this this.
> As a PC tech and a former networking student I understand this as well.
>
> How can you prove with out a reasonable doubt that the images were viewed
by
> anyone?
>
> If so how?
> Then not so then how?
>
> How can we disprove the fact that any of the questionable material wasn't
> viewed or downloaded...
>
> Any answers or questions would be helpful
>
> Thank you for all of your time
> Rick Leonard
>
> (Steiner and Associates)
>
| |
|
| You might want to check out the precidence set in e-mail messages
i.e., they have been confiscated and used in court. How did they
determine the individual wrote and sent the email? Someone could have
accessed their PC, hacked in or a disgruntled systems admin could have
set it for them.
I don't know the law but would ask the question: if someone has child
pornograpy in their house how do you know they looked at it? I guess
this is more about property issue whereby when is a computer account
considered property of the individual who it is assigned to. The file
images do have ownership (check the attribute) and thereby owned by an
individual. If the individual is not computer savvy you could simple
check his cookies to see if anything relates to the site he was
downloading from (as well as a multitude of other things). Checking
backup tapes could establish a history of these types of file.
Good luck
********
rleonard@law.com (Para-Legal) wrote in message news:<5_qg9.4832$Os3.330958@newsread1.prod.itd.earthlink.net>...
> Hi my name is Rick and I am a student of law, and I currently work for a small
> lawfirm in Chicago IL.
>
> I am working with a case of a person posting images onto newsgroups of the
> illegal variety.
>
> My question is reproductions of images over the internet.
>
> Now my boss says and he believes there is a gray area around this this.
> As a PC tech and a former networking student I understand this as well.
>
> How can you prove with out a reasonable doubt that the images were viewed by
> anyone?
>
> If so how?
> Then not so then how?
>
> How can we disprove the fact that any of the questionable material wasn't
> viewed or downloaded...
>
> Any answers or questions would be helpful
>
> Thank you for all of your time
> Rick Leonard
>
> (Steiner and Associates)
| |
|
| You might want to check out the precidence set in e-mail messages
i.e., they have been confiscated and used in court. How did they
determine the individual wrote and sent the email? Someone could have
accessed their PC, hacked in or a disgruntled systems admin could have
set it for them.
I don't know the law but would ask the question: if someone has child
pornograpy in their house how do you know they looked at it? I guess
this is more about property issue whereby when is a computer account
considered property of the individual who it is assigned to. The file
images do have ownership (check the attribute) and thereby owned by an
individual. If the individual is not computer savvy you could simple
check his cookies to see if anything relates to the site he was
downloading from (as well as a multitude of other things). Checking
backup tapes could establish a history of these types of file.
Good luck
********
rleonard@law.com (Para-Legal) wrote in message news:<5_qg9.4832$Os3.330958@newsread1.prod.itd.earthlink.net>...
> Hi my name is Rick and I am a student of law, and I currently work for a small
> lawfirm in Chicago IL.
>
> I am working with a case of a person posting images onto newsgroups of the
> illegal variety.
>
> My question is reproductions of images over the internet.
>
> Now my boss says and he believes there is a gray area around this this.
> As a PC tech and a former networking student I understand this as well.
>
> How can you prove with out a reasonable doubt that the images were viewed by
> anyone?
>
> If so how?
> Then not so then how?
>
> How can we disprove the fact that any of the questionable material wasn't
> viewed or downloaded...
>
> Any answers or questions would be helpful
>
> Thank you for all of your time
> Rick Leonard
>
> (Steiner and Associates)
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