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NYCo.: AOL not agent of government when it discloses user's child porn

By John Wesley Hall, Jr.

An Internet Service Provider (ISP) is not a government agent when it provides information about an Internet user's child pornography that it discovers which is is required to disclose under federal law. People v. Eames, 3274/2009 (Supreme Court, New York Co. February 3, 2010): AOL is a private entity required by federal law to notify NCMEC if it detects the use of its service in violation of federal law prohibiting the possession and/or transmission of child pornography. 18 U.S.C. 2258A (formerly 42 U.S.C.A. 13032). The federal statute does not require AOL, or any other internet provider, to monitor their subscribers’ transmissions or to search their content. It is only required to notify NCMEC if it detects such materials. United States v...continue to full post

Full post as published by Fourth Amendment on February 18, 2010 (boomark / email).