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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default Investigated by ICE Over Illegal Porn

    My question involves criminal law for the state of: Kansas

    We received a visit from Immigration and Customs Enforcement agents. They did not serve a warrant, but asked if they could speak with us about possible child pornography. We agreed to speak with them and I will try to relay what was said/happened as accurately as possible.

    They said they received our "name" from a foreign police agency stating that an image involving a minor was downloaded from our IP address. The agents said that they were not making an accusation, but only following a lead. We spoke with them for probably no more than 30 minutes.

    The agents asked if they could look at our various computers (of which we have many). We agreed and they briefly examined the file contents of each one. None of us have any sort of child pornography, and to the best of my knowledge none of us ever have. The agents did not find any offending content in their brief search, and left not long after.

    Here is some additional pertinent information:

    1. We use a wireless router. It is currently WPA protected, but I can't vouch with certainty that this has always been the case. Sometimes my own connection to the router lists as "Wireless Network Connection X, Unsecured."
    2. I have in the past run a small node for a program called TOR. TOR is an anonymity browser used by governments, military, researchers, and obviously a great number of private individuals. After reading about how much child pornography is often traded over TOR, I discontinued my node.
    3. The agents said the offending file was downloaded over the file-sharing program Emule (or Edonkey, but that's pretty much the same).
    4. The agents did not give us a supposed time/date of the complaint/offense.
    5. I can virtually 100% certify that there is not nor has ever been any offending content on my computer.

    After our conversation and their search, the agents said they were satisfied and were "closing their case."

    Now I understand that we may have done a great many foolish things here from a legal standpoint. We are just ordinary folks that aren't that legal savvy. I understand that it is generally not a good idea to let law enforcement into your home without a warrant, but I think the seriousness of the matter put us off guard.

    What I want to know:

    1. How likely are we to be bothered further by ICE or another agency?
    2. If it seems likely that they will bother us again, could my past use of a TOR node be an issue?
    3. Should we obtain legal counsel now so that we are prepared for any further trouble?

    EDIT: Additional facts: All computer owners were present at the time of inspection. No computer forensics kits were used in the process - the inspection was only the visible inspection of files which mostly consisted of images and videos.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Investigated by ICE Over Illegal Porn

    If you cooperated, they looked through your computers, found nothing, and didn't take further action - mirroring your drives, seizing anything as evidence, etc. - I would be surprised if anything more happens. However, regrettably, my ability to predict the future is limited and I can only address the odds.

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