Catching Child Pornography

So there was a swat team in my neighborhood last week, complete with the hoods and swat teamblack outfits. They went in without knocking and the two residents were arrested. Checking with the people who love next door and nearby, apparently there were no incidences of young people visiting the location, so we assume that their activities were on line. Of course, we wondered how they got caught doing what they were doing. Could be Google had something to do with it. Google scans both emails and search requests on its site to detect and report child pornography.

Google’s online set of “program policies” for its Gmail service includes “a zero-tolerance policy against child sexual abuse imagery.”  That policy states: “If we become aware of such content, we will report it to the appropriate authorities and may take disciplinary action, including termination, against the Google accounts of those involved.”

Consistent with that policy, since 2008 Google has actively scanned images that pass through Gmail accounts to determine whether they match up with known child pornography.  More specifically, Google has been using “hashing” technology to tag known child sexual abuse images, allowing it to identify duplicate images in Gmail accounts or in search results, even if the images have been altered.  Each offending image effectively is assigned a unique ID Google’s computers can recognize without someone having to view them again. And, Google also incorporates encrypted “fingerprints” of child sexual abuse images into a cross-industry database. This technique enable companies, law enforcement and charities to better collaborate on detecting and removing these images, and to take action against anyone involved with producing or viewing the materials.

Currently there are more than 1.5 billion Gmail users world-wide.  When child pornography images or videos are sent through Google’s email service, they are identified by its automated systems. Federal law requires electronic communication providers like Google to report instances of suspected child abuse when they become aware of them.  Once detected, Google actively removes the materials from its services, including search and Gmail.

Google is not alone in its efforts to combat child pornography.  Microsoft also utilizes automated systems to detect child pornography hosted on its servers. In 2012, Microsoft made its PhotoDNA tool available to law enforcement.  That technology compiles a digital signature of each image, which can be matched against a database of known images of sexual abuse. Once as match is made, the information is provided to NCMEC for further investigation, referral to law enforcement, and possible prosecution.

Many child pornography cases are the result of a Google report of CSAM to the NCMEC.  If you have been arrested for possession and/or distribution of child pornography, you may have strong defenses to your charges based on, among others, the method of detection of your internet activities.  Child pornography cases carry significant penalties, including substantial prison time, high fines, extended periods of probation and registration as a sex offender.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Driving and Talking on a Cell Phone

OK, so maybe you were driving and talking on your cell phone, and a police officer pulled alking on the phone while driving. Texting and drivingup next to you. You probably wondered if you were in trouble. You may have wondered what the law specifies as far as driving and talking as well as driving and texting. According to

Florida
There are no prohibitions on use of cell phones.

However, according to the Tampa Bay Times, new legislation in in the works. With the 2019 legislative session still more than three months away, a second bill has emerged to toughen laws about the use of cell phones by drivers.

Rep. Emily Slosberg, a Boca Raton Democrat who is one of the Legislature’s most-outspoken members on highway-safety issues, filed a bill Monday that is dubbed the “Hands-Free Florida Law.” The proposal (HB 45) would bar drivers from using hand-held wireless phones to talk, though it would allow the use of “hands-free” devices.

Currently, texting while driving in Florida is prohibited, but it is enforced as a “secondary” office. That means motorists can only be cited if they are stopped for other infractions, such as running a stop sign or speeding.

Slosberg’s bill would make texting or talking on a handheld cell phone a “primary” offense, allowing police to pull over motorists for the offenses.

However, distracted driving is another issue. Distracted driving is anything that takes your hands off the wheel, your eyes off the road or mind off driving. It is extremely risky behavior that puts everyone on the road in danger. There are different kinds of driver distractions:

Visual

Taking your eyes off the road

Manual

Taking your hands off the wheel

Cognitive

Thinking about anything other than driving

Texting requires all three types of distraction, making it one of the most dangerous of distracted driving behaviors.  However, this is not the only cause of distracted driving.  Other common distractions include: tending to kids or passengers in the back seat, eating, watching an event outside of the vehicle, interacting with passengers, unsecured pets, putting on makeup or grooming, adjusting radio or climate controls, checking your GPS app or system and even daydreaming.

To successfully avoid a crash, a driver must perceive a hazard, react and give the vehicle time to stop. Driver perception distance, or the distance a vehicle travels from the time a driver sees a hazard until the brain recognizes it, and reaction distance, the distance a car will continue to travel after seeing a hazard until the driver physically hits the brakes, dramatically affects a vehicle’s stopping distance. Even a focused driver going 50 mph will travel nearly the length of a football field before coming to a complete stop.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.