Clumsy Internet browsers watch out! The FBI recently began posting
fake hyperlinks to websites containing illegal videos of minors having sex. Individuals who click on these links will give the FBI probable cause to raid their house for so-called "kiddy porn."
The hyperlinks, which actually lead to a government server collecting information about the user's location using their Internet Protocol (IP) address, have been used as the basis of raids of homes in Pennsylvania, New York, and Nevada last
year.
Although the technique smells a bit of entrapment and raises questions about the accuracy of identifying users through wireless
connections and whether clicking on a link warrants a full house toss, the courts have yet to object to the method.
CNET reported that the home of Roderick Vosburgh, a doctoral student at Temple University, was raided in February
2007 after he allegedly clicked on the FBI's hyperlink.
"Federal agents
knocked on the door around 7 a.m., falsely claiming they wanted to talk
to Vosburgh about his car. Once he opened the door, they threw him to
the ground outside his house and handcuffed him. Vosburgh was charged with violating federal law, which criminalizes
"attempts" to download child pornography with up to 10 years in prison.
Last November, a jury found Vosburgh guilty on that count, and a
sentencing hearing is scheduled for April 22, at which point Vosburgh
could face three to four years in prison."
We all want to end child pornography and the best way to do that is to fight demand. But we agree with the folks at CNET that there's more at stake than it appears with cases like Vosburgh's. Using the same techniques and legal authority, the FBI could create or email advertisements containing links to illegal drugs, child pornography, banned weapons, and even Cuban cigars and then raid the houses of those who
click on the links for the illegal products.
How will the courts or the FBI account for simple curiosity or accidental clicks? Just because a person wants to know what a Cuban cigar sells for online compared to the Dominican ripoff doesn't mean he is going to send a check to the Communist party of Cuba. And what about anti-pornography advocates who click on child porn links for research and to incite their outrage further? If a company's name was attached to the website containing the porn, the user could report the company to the FBI themselves. Under this type of FBI surveillance, these good Samaritans would be subjected to an FBI raid.
So remember, the next Viagra imitation drug offered by email to you for half the price could be the FBI's RSVP to your front door.