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by clarkcox3 3392 days ago
If you're repairing someone else's computer and come across child porn, aren't you obligated to report it? (if only to cover your own ass, as technically you are now in possession of cp).
4 comments

Yes, if you come across anything illegal while repairing somebody's computer you are obligated to report it. However, you're not allowed to go looking for illegal stuff while repairing a computer.

And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search.

Right. Accidentally finding something illegal is one thing.

Deliberately snooping every file on every computer that enters the shop is quite another.

Given the $500 reward, I suspect the latter situation is closer to the case.

The article seems to indicate that not only were they poking around but they were recovering deleted files.

Good that they may have caught this fellow -- especially given his profession -- but that's probably rather horrifying for a significant portion of other people who brought their computers in for repair.

It is even worse in the article. Geek Squad employees were snooping into unallocated disk space to try to find evidence.
You always need to consult an attorney on this.

Some professions are mandated to report any suspicion of child abuse. In NY, any teacher, medical provider and others can lose their license for failure to report.

Your general obligation, or obligation as an IT guy may vary... and you may have liability risk.

Personally, I'd consider it an ethical duty to report such a thing. But I wouldn't do so in an official capacity without advice of counsel.

> Your general obligation, or obligation as an IT guy may vary...

... by state.

> ...if you come across anything illegal...

No.

If you come across child pornography (in the U.S.), you are legally obligated to report it.

> And if the FBI is advertising cash rewards for "accidentally finding" illegal content, that sounds a lot like an illegal search.

That sounds even more like an incentive to plant.

Can you cite the specific statute? I have never heard of a legal obligation for non-healthcare workers to report crimes.
It's called misprision of a felony[0]:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

[0] https://www.law.cornell.edu/uscode/text/18/4

https://www.childwelfare.gov/topics/systemwide/laws-policies...

For anything to do with children, quite a few professions are mandated reporters including LEOs, all public and private school personnel except volunteers, social workers, and several other rather large fields. Depending on the state that list expands considerably. Even the clergy of religious institutions are included in 27 states, superceding confidentiality.

Other than LEOs, mandated reporting for general crimes depends largely on state laws except for fiduciary duties.

Is that a special law for repairing computers or just in general. What jurisdiction does that apply under?
"Not allowed to go looking for illegal stuff"

What law says that?

I see your point, but I also think that is substantially different than:

> including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer's request for repairs.

I'm not lawyer. But Japanese law has no obligation to report a crime, any crime.
I am not sure if it is the law. But there is a moral and ethical reason to report a crime if observed, depending on the severity and impact to the victims.
How would you know if it's cp?