If child porn is found by computer repair shop, what should they do?

[JPHenderson]

What is the name of your state (only U.S. law)? IL

If a computer repair shop finds child pornography on a customer's PC are they legally obligated to report it? If so, who should they call?

Could anyone from the shop end up getting called to court, if things go that far, for some reason? Would the PC itself be enough or would they for some reason want the tech to say something about it?

 

[FlyingRon]

It's quite possible that the shop could be subpoenaed by either side.

There's no Federal requirement for a shop to report it. Only things like ISPs are federally mandated.

However, you're in Illinois, and 325 ILCS 5/4.5 requires such reports:

Electronic and information technology workers; reporting child pornography.
(a) In this Section:
"Child pornography" means child pornography as described in Section 11‑20.1 of the Criminal Code of 1961 or aggravated child pornography as described in Section 11‑20.1B of the Criminal Code of 1961.
"Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers.
"Electronic and information technology equipment worker" means a person who in the scope and course of his or her employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 C.F.R. 20.3.
(b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing & Exploited Children.
(c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met.
(d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct.
(e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001.
(Source: P.A. 95‑944, eff. 8‑29‑08; 96‑1551, eff. 7‑1‑11.)​

 

[ecmst12]

But why WOULDN'T you call the police immediately?

 

[mistoffolees]

It's quite possible that the shop could be subpoenaed by either side.

There's no Federal requirement for a shop to report it. Only things like ISPs are federally mandated.

However, you're in Illinois, and 325 ILCS 5/4.5 requires such reports:

Electronic and information technology workers; reporting child pornography.
(a) In this Section:
"Child pornography" means child pornography as described in Section 11‑20.1 of the Criminal Code of 1961 or aggravated child pornography as described in Section 11‑20.1B of the Criminal Code of 1961.
"Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers.
"Electronic and information technology equipment worker" means a person who in the scope and course of his or her employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 C.F.R. 20.3.
(b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing & Exploited Children.
(c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met.
(d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct.
(e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001.
(Source: P.A. 95‑944, eff. 8‑29‑08; 96‑1551, eff. 7‑1‑11.)​

I haven't done a state-by-state search, but IIRC, MOST states require it to be reported, so readers in other states should be aware that they have the obligation to report it. I believe that the same thing applies to photo processing labs.

To answer OP's other question, it is quite likely that they will be called to testify. In order to validate the evidence being used by the prosecution, the shop will be asked questions like:
"Where did you get this computer"?
"Is the defendant the one who brought the computer to you?"
"Did anyone else have access to the computer?"
Etc.

 

[JPHenderson]

But why WOULDN'T you call the police immediately?

To avoid involvement. To not end up being subpoenaed and having to take time away from work. To avoid taking the chance that the guy might want some kind of revenge.

 

[TheGeekess]

When I worked at a Big Box, we had corporate rules that stated all suspected child porn was to be reported to the authorities and work was to be stopped on the PC immediately.

The old person/foot porn? Yeah, we saw it too, but giggled about that kind of stuff.

 

[Just Blue]

To avoid involvement. To not end up being subpoenaed and having to take time away from work. To avoid taking the chance that the guy might want some kind of revenge.

So...As long as it is inconvenient you are just fine with children being raped? You do reallize that there is a special place in hell for "people" like you??

 

[TheGeekess]

To avoid involvement. To not end up being subpoenaed and having to take time away from work. To avoid taking the chance that the guy might want some kind of revenge.

Then you are no better than Joe Pa and the rest of the people at Penn State that were fine with children being raped.
<spit>

 

[Just Blue]

Yes. Posting Hx is a must...

https://forum.freeadvice.com/juvenile-law-90/12yr-old-girl-17yr-old-boy-547739.html

 

[swalsh411]

I wouldn't report it because people are crazy and I wouldn't want a moltav ****tail through the window or the customer coming back with an AK-47. I would immediately stop work on the computer and return it to the customer saying that you cannot help him.

Then you are no better than Joe Pa and the rest of the people at Penn State that were fine with children being raped.
<spit>

You are aware that the suspect has only been charged with a crime right? Neither an allegation nor arrest is proof of guilt. Sandusky has denied that he had sex with any of the boys. If he's found guilty then he deserves a very long prison sentence, but we are still innocent until proven guilty last time I checked. I would expect a better understanding of the legal system and right to due process from a senior poster. Or do you believe in trial by media? I believe Nancy Grace comes on at 4.

 

[JPHenderson]

So...As long as it is inconvenient you are just fine with children being raped? You do reallize that there is a special place in hell for "people" like you??

Who said anything about rape?

Why is it wrong for me to worry that this guy might come after me and my family if he remains free, which certainly seems likely. And I'm sorry if my not being able to earn a living (being pulled away from work) and pay for the food that feeds my family isn't a 'good' reason to be concerned.

 

[JPHenderson]

Yes. Posting Hx is a must...

https://forum.freeadvice.com/juvenile-law-90/12yr-old-girl-17yr-old-boy-547739.html

I don't know what Hx means. I also don't see what my previous post has to do with this. That was about underage dating and a request for help to find a way to keep that guy away. This is a question about reporting something at work.

 

[JPHenderson]

I wouldn't report it because people are crazy and I wouldn't want a moltav ****tail through the window or the customer coming back with an AK-47. I would immediately stop work on the computer and return it to the customer saying that you cannot help him.

This is a serious concern of mine. If I lived alone I probably wouldn't care quite as much, but I have a family and I don't want anything to happen to them.

Calling him and telling him to take it back is something I'm strongly considering. BUT... That makes me feel like crap. So many people just let things go, don't want to get involved... and then nothing stops pricks like this from collecting this garbage. And what if he's doing more than just this?

Moral dilemma, for sure.

 

[Just Blue]

I wouldn't report it because people are crazy and I wouldn't want a moltav ****tail through the window or the customer coming back with an AK-47. I would immediately stop work on the computer and return it to the customer saying that you cannot help him.



You are aware that the suspect has only been charged with a crime right? Neither an allegation nor arrest is proof of guilt. Sandusky has denied that he had sex with any of the boys and we are still innocent until proven guilty last time I checked. I would expect a better understanding of the legal system and right to due process from a senior poster. Or do you believe in trial by media?

And how would you feel if your young son or daughter were the feature film in the child porn that was being ignored by OP? That OP had the ability to do something...but did not? IMO that makes OP complilcity a factor in ANY future rape that happens to all of the children on the childporn...and any NEW victims that were raped because of OP ball-lessness. (<new word)

 

[mistoffolees]

You are aware that the suspect has only been charged with a crime right? Neither an allegation nor arrest is proof of guilt. Sandusky has denied that he had sex with any of the boys. If he's found guilty then he deserves a very long prison sentence, but we are still innocent until proven guilty last time I checked. I would expect a better understanding of the legal system and right to due process from a senior poster. Or do you believe in trial by media? I believe Nancy Grace comes on at 4.

That is what gets me about the whole Joe Paterno incident.

First, Paterno did everything legally required. He notified his supervisors.

Second, Paterno had no evidence - only hearsay. We don't know if he encouraged the grad assistant to contact the police. And it's not at all clear that the hearsay evidence would have been at all convincing to anyone even if Paterno HAD gone to the police.

Now, it's entirely possible that Sandusky IS guilty and that Paterno could have done more. But crucifying the guy in the press on the basis of hearsay allegations that have not ever been validated is a bit extreme. Especially considering what Paterno has done for the University (and I'm not referring to 400+ wins).

I dealt with Paterno back in the 70's. I had a student in my class that was not doing well (not failing, but a low C, IIRC). I got a call from a coach. I was first worried that I was going to get pressured to change a grade, but the coach explained that the football program monitors students' grades closely and when a student isn't doing well in their classes, they need to get their grades up or get off the team. Rather than being asked to go easy on the student, I was asked to give him extra work if that would help his grades and understanding of the subject. This was back in the days when Tony Dorsett got into Pitt with an SAT score about 1/2 of the school average - and apparently failed all of his classes. During Paterno's tenure, Penn State's football player graduation rate exceeded the student body graduation rate every year - and not due to any special favors (as shown above).

Or we could talk about his multimillion dollar donations to the PSU libraries.

None of that makes him innocent. But it does demonstrate that he was willing to make an effort and sacrifices for the benefit of the students. I think the at least deserves a fair hearing before he's convicted.