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Internet Crime

November 26, 2010

Third Circuit Criticizes Child Porn Sentencing Guidelines

The Third Circuit Court of Appeals recently affirmed a New Jersey U.S. District Judge’s decision to impose a sentence of less than the mandatory minimum for a defendant convicted of child pornography charges. In United States v. Grober, the defendant pled guilty to six child pornography charges. Under the sentencing guildelines set forth by the Department of Justice, the judge was advised to sentence the defendant to a term between 235 to 293 months imprisonment. Calling the guidelines “draconian”, the judge instead...

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November 24, 2010

Peer-to-Peer Networks Remain Target of Child Pornography Investigations

Although a federal judge ordered peer-to-peer (“P2P”) network LimeWire to shut down last month due to copyright infringement issues, investigations continue by law enforcement officials into the use of older versions of LimeWire and other P2P networks as forums for the distribution of child pornography. Since 2003, federal law enforcement agencies have undertaken a major initiative against the distribution of child porn over peer-to-peer networks. Unlike traditional computer networks, which use a central server to exchange...

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June 16, 2010

Two Suspects Indicted In Philadelphia for Their Role in an Illegal Online Pharmacy

A pharmacist from Florida and a website operator from the Bahamas were indicted last month for their roles in an illegal online pharmacy. The two suspects worked together and with legitimate pharmacies around the nation to dispense prescription medications without proper prescriptions. At least one pharmacy used by the suspects to facilitate their operation was located in the Philadelphia, Pennsylvania area. Robert Niczyporowicz, acting special agent in charge of the Philadelphia office of the Drug Enforcement Administration...

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May 31, 2010

United States Court of Appeals for the Third Circuit Holds No Right to Privacy When One’s Hard Drive is Installed in Someone Else’s ComputerWithout Password Protection

A recent appellate holding by the United States Court of Appeals for the Third Circuit in U.S. v. Richard D. King, Jr. establishes that one gives up the right to privacy when sharing the use of a computer with others. The Supreme Court of the United States had established that a present co-tenant could refuse police search of a premises regardless of the consent of other tenants. The Court, however, never established whether said holding applied to personal belongings once police were allowed entrance to the premises. Richard D. King, Jr. was charged with violations of

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March 30, 2010

No Decision yet from the Third Circuit Court of Appeals In Sexting vs. Child Pornography Case

In January, The United States Court of Appeals for the Third Circuit, in Philadelphia, heard arguments in a case of three female teenagers accused of participating in a practice, now referred to as “sexting”. Sexting involves taking nude or risqué photographs on a cellular phone and transmitting them via picture messaging or e-mail to another cellular user. The issue of sexting has become one of major concern in today’s teenage society, with MTV initiating a television campaign to warn of the dangers of sexting. Advocates against the practice argue that teens who participate in...

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