Update for Federal Public Defenders

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Defending Peer-to-Peer Crimes
Computer File Sharing in the Courts and in the News
June 2010

Effective Training in the Technology & Law
of Peer-to-Peer Crimes

Peer-to-peer (P2P) software-based prosecutions are one of the fastest-growing areas of criminal law. Easy-to-use programs have vastly simplified the search for and distribution of contraband materials like child pornography.

I offer interesting, cost-effective, CLE-certified training in this important and rapidly-evolving area of the law. My 2-3 hour sessions are a great opportunity for members of your office or CJA panel to expand their familiarity with P2P technology, learn more about law enforcement computer forensic techniques, and participate in a structured discussion with other defense attorneys about these issues. Contact me to schedule a session for your office

Bottom Line?

Law Enforcement Is Searching P2P Networks in Real Time …
Your Soon-to-Be Clients Are Using P2P …
It’s Important to Understand How P2P Technology Works

Here are some of the cases and news reports I’ve been following over the past month:

P2P In the Courts

U.S. v. BASTIAN, 09-3111 (8th Cir. 6-29-2010) — Defendant challenged upward enhancement of his sentence based on use of peer-to-peer network to distribute child pornography, arguing that he had no knowledge that files in his shared folder were accessible to others. Appeals Court concluded that even if the District Court erred, the error was harmless.

U.S. v. Christman, No. 08-4474 (6th Cir. 6-22-2010) — Government appealed lenient sentence given to man who plead guilty to sharing child pornography images worldwide using Kazaa peer-to-peer software. Appeals Court reversed sentence, remanded for new sentencing, and instructed that a new judge be assigned.

U.S. v. Bradley, CRIMINAL ACTION NO. 09-136-JBC (E.D.Ky. 6-16-2010) — Motion by defendant to suppress evidence obtained from his laptop showing distribution of child pornography over the Gnutella peer-to-peer network. Good discussion of Limewire investigation and standard of probable cause for computer search.

U.S. v. Mallory, No. 09-15286 Non-Argument Calendar (11th Cir. 6-3-2010) [unpublished] — Defendant convicted of distributing child pornography across peer-to-peer networks challenged conviction, arguing evidence was insufficient to convict. Court rejected the argument due to defendant’s failure to move for acquittal at the close of evidence.

P2P In the News

June 28, 2010 — Online predators sneaking under the radar

June 26, 2010 — East Alton, IL — Bestiality, kiddie porn: East Alton man pleads guilty

June 25, 2010 — Gigatribe and the 4th Amendment

June 23, 2010 — Santa Anna, CA — Man charged with malware ‘sextortion’ plot

June 22, 2010 — Sidney, NE — Sidney man sentenced on porn charges

June 15, 2010 — Are Child Predators Waiting, Watching, and Engaging on your Child’s Social Networking Sites?

June 14, 2010 — Acting Deputy Attorney General Gary G. Grindler Speaks at the National Association of Attorneys General Summer Meeting

June 12, 2010 — Chambersburg, PA — Child porn charges net house arrest for Chambersburg man

June 11, 2010 — Hamilton, OH — The scourge of pornography: 16 months in prison for child porn on church computer

June 11, 2010 — West Valley City, UT — A.G.’S Office Files Utah’s 1st Peer-To-Peer Child Porn Case

June 11, 2010 — Shamokin, PA — Shamokin man charged with child pornography

June 11, 2010 — Fort Wayne, IN — Baptist preacher gets 12 years for distributing child porn

June 10, 2010 — Eddington, ME — Eddington Day-Care Operator Arrested on Child Pornography Charges

June 2, 2010 — Columbia, SC — Greenville County Man Arrested In Child Pornography Case

P2P Technology

June 17, 2010 — Torrent Trustyfiles

June 17, 2010 — Albany, NY — Industry leaders Facebook and MySpace first to use database to block child porn; Cuomo sends letters to other social networking sites and peer-to-peer sites urging implementation

For More Computer Forensic Headlines, Click Here.

Frederick Lane

Frederick S. Lane

Expert Witness

To Schedule a Seminar for Your Defenders
Or CJA Panel Attorneys,
Please Call 802-318-4604
or Email Me.

Upcoming Lectures:

July 20, 2010
“American Privacy: Can a 19th-Century Right Survive 21st-Century Technology?”
eCampus, Dartmouth College, Hanover, NH

July 28, 2010

“Can You See Me Now? The Growing Problem of Sexting in the Public Schools”

Catawba County Schools, Newton, NC

July 30, 2010

“LimeWire Made Me Do It — And Other Digital Excuses”

Offices of the Federal Defender, MD & ED Tenn.

September 9, 2010
“There’s No Such Thing As Safe Sext”
Arizona School Boards Association Annual Law Conference

October 29, 2010

“Can You See Me Now? The Growing Problem of Sexting in the Public Schools”

Vermont School Boards Association Annual Conference

February 17, 2011
“The History of Privacy in America”

The Warren White Lecture, Drury University, Springfield, MO

Defending Peer-to-Peer Crimes is a publication of Mathom Enterprises and Frederick S. Lane, an author, attorney, educational consultant, expert witness, and lecturer who has appeared on “The Daily Show with Jon Stewart,” CNN, NBC, ABC, CBS, the BBC, and MSNBC. He currently serves as chairman of the Burlington (VT) School Board. His fifth book, “American Privacy: The Four-Hundred-Year History of Our Most Contested Right,” is now available from Beacon Press or the retailer of your choice. Visit http://bit.ly/37DI3D for additional information.

Contact information:
802-318-4604 | fslane3@gmail.com | www.FrederickLane.com | www.ComputerForensicsDigest.com

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