Understanding Child Pornography Charges
Federal child pornography prosecutions are different from most other cases. Digital evidence plays a huge role. Investigations often start with an email or report from a tech company, like Google, Dropbox, or Microsoft, to the National Center for Missing and Exploited Children (NCMEC). Investigators use the power to subpoena IP addresses and ISPs, together with search warrants, to obtain computers and mobile devices.
The problem is that computer evidence doesn’t always reveal the whole truth. Images could have been downloaded without the user’s knowledge, cached in the temporary files, or created and downloaded by malware. A family member or roommate might be using the same computer or Wi-Fi connection.
Federal prosecutors have a tendency to pursue serious charges based only on the existence of the files on a computer or mobile device. Defense lawyers use digital forensic professionals who evaluate metadata and download history, among other evidence, to verify if the defendant really maintained control over the material. This is why having your own computer forensics defense expert can be critical to building a strong defense.