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Featured Entry 
Mar 23rd, 2008, 6:33 am
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According to recent reports the FBI has been using honey-trap hyperlinks which claim to lead to child pornography in order to entice offenders into clicking them. Last year, it seems, armed raids were carried out on homes in Nevada, New York and Pennsylvania as a direct result of such link clicking, even though the video files downloaded from the undercover government server contained no illegal images.
It seems that the courts are happy to approve the practise, although others are less convinced of the morality if not the legality of the operation, quite apart from the technical hurdles it throws up. Who is to say if the householder is using an unsecured wireless connection at the time, or if it is instead some paedophile sitting in a car outside with his laptop?
Of course, federal law in the US does criminalise the attempted downloading of child porn, and carries as much as 10 years in prison, and nobody is suggesting that people who are interested in such filth do not deserve to pay for their actions. But entrapment is a slippery path to be treading, and the implications are enormous. Is it OK for the FBI to spam millions with email offering drugs and then arresting anyone who clicks the links, for example?
That said, in this particular case, the honeypot links were limited to a discussion forum that the Feds had reason to believe was inhabited by people trading in child porn images. Is this really, then, such an evil tactic or do the ends justify the means? Especially if those ends mean taking people off the streets and into sex offender programs. It is easy to take the knee jerk reaction and agree, but we have to view the broader picture. Already, the judiciary has taken the view that the 'anyone could be using my wireless connection' argument does not invalidate a search warrant when it comes to probable cause in such cases.
But do the courts really understand the technology involved here? What about if you have a browser plug-in to download links when you hover the mouse over them even if you have not clicked them? Tools to speed up the browsing experience by pre-caching links could, effectively, land you in prison it would appear.
It seems that the courts are happy to approve the practise, although others are less convinced of the morality if not the legality of the operation, quite apart from the technical hurdles it throws up. Who is to say if the householder is using an unsecured wireless connection at the time, or if it is instead some paedophile sitting in a car outside with his laptop?
Of course, federal law in the US does criminalise the attempted downloading of child porn, and carries as much as 10 years in prison, and nobody is suggesting that people who are interested in such filth do not deserve to pay for their actions. But entrapment is a slippery path to be treading, and the implications are enormous. Is it OK for the FBI to spam millions with email offering drugs and then arresting anyone who clicks the links, for example?
That said, in this particular case, the honeypot links were limited to a discussion forum that the Feds had reason to believe was inhabited by people trading in child porn images. Is this really, then, such an evil tactic or do the ends justify the means? Especially if those ends mean taking people off the streets and into sex offender programs. It is easy to take the knee jerk reaction and agree, but we have to view the broader picture. Already, the judiciary has taken the view that the 'anyone could be using my wireless connection' argument does not invalidate a search warrant when it comes to probable cause in such cases.
But do the courts really understand the technology involved here? What about if you have a browser plug-in to download links when you hover the mouse over them even if you have not clicked them? Tools to speed up the browsing experience by pre-caching links could, effectively, land you in prison it would appear.
- Davey Winder, staff writer aka happygeek
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Shackbase | Junior Poster in Training | Mar 29th, 2008
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Let me be the first one to say this, being the father of 4 kids, two of each kind.
Pedophiles are the lowest form of scum there is, and once convicted should never be allowed outside the walls of a prison ever again.
With that said, I think that the concept of entrapment, in any shape or form by any government agency is just plain wrong and the ends do not, cannot justify the means in this matter.
It is a very slippery path to go down and as the original poster pointed out, there are so many ways that you could be easily be the target of a house welcoming party of feds banging down your door, violating and scaring you and your family half to death, by just having an unsecure WIFI connection, an overzealous caching program or (less likely but still a factor), an innocent click too far.
I could easily make this into a political argument but that would stray far from the original idea behind this post.
The bottom line is, leaving a wallet out in the streets to see if you turn it in or keep the money inside of it does not make people more or less honest. This is an evil trick that does not justify itself in any shape or form.
--Tone
Pedophiles are the lowest form of scum there is, and once convicted should never be allowed outside the walls of a prison ever again.
With that said, I think that the concept of entrapment, in any shape or form by any government agency is just plain wrong and the ends do not, cannot justify the means in this matter.
It is a very slippery path to go down and as the original poster pointed out, there are so many ways that you could be easily be the target of a house welcoming party of feds banging down your door, violating and scaring you and your family half to death, by just having an unsecure WIFI connection, an overzealous caching program or (less likely but still a factor), an innocent click too far.
I could easily make this into a political argument but that would stray far from the original idea behind this post.
The bottom line is, leaving a wallet out in the streets to see if you turn it in or keep the money inside of it does not make people more or less honest. This is an evil trick that does not justify itself in any shape or form.
--Tone
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