Loss of Privacy

Keeping you informed on recent losses to privacy and civil rights worldwide.

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Matthew White, 22, said he was surfing for pornography two years ago on Limewire — a fire sharing application that allows users to trade music, movies, games and pictures — when he discovered that some of the files he had downloaded were images of children.

Matt claims he quickly erased the files.

“It didn’t appeal to me,” he said. “I was looking for women my age, so I just wanted to d More..ownload ‘College Girls Gone Wild’ and accidentally downloaded underage pornography.”

About a year later, FBI agents showed up at his family’s home. The family agreed to let agents examine the computer, and at first, they couldn’t find anything.

Investigators later were able to recover the deleted images from deep within the hard drive.

“I asked them, ‘Where did you get that? I don’t remember that.’ I asked them, ‘Could I access that if I wanted to?’” Matt said. “They said no.”

Facing 20 years in prison for possessing child pornography, Matt is pleading guilty on the advice of his public defender in hopes of getting a three and a half year sentence. He will also serve 10 years probation and have to register as a sex offender for the rest of his life.

Matt’s father says other parents need to be warned about the consequences of stumbling across illicit material.

“One day, you’re going to get a knock on the door and have your child taken away for many years,” he said.

The FBI could not comment on this specific case, but said if child pornography is ever downloaded accidentally, the user needs to call authorities immediately. They may confiscate your computer, but it’s better than the alternative.

Internet searches reveal a large number of complaints from people who say they’ve accidentally downloaded child pornography through Limewire.

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For those of you not familiar with Manga, it is a comic or print cartoon from Japan.  There are many types that you can purchase or read it for free online.  Under the PROTECT Act (18 U.S.C. Section 1466A), Christopher Handley is now facing up to 20 years in prison for purchasing manga.

Handley purchased the manga in question legally from Japan in May 2006 and had it shipped to his home in the United States.  A postal inspector opened the mail and that’s when the trouble began.  The government now claims that the manga was obscene and depicts minors in sexual situations.  The Comic Book Legal Defense Fund is now helping him with his case.

According to CBDLF’s site, Handley’s situation began in May 2006 after a postal inspector at his local post office in Glenwood, Iowa, intercepted a package addressed to Handley from Japan and searched its contents. After deciding the content of the books depicted minors engaged in sexual acts, the inspector applied for a search warrant. The post office allowed Handley to pick up the package and law enforcement officers pulled his vehicle over and eventually followed him home.

At Handley’s residence, the police then seized his collection of manga, DVDs, VHS tapes, laser disks, computers and various documents. In a follow-up article, Handley’s case took a small victory but the case is far from over. In an updated report by Anime News Network, some of Handley’s charges were dropped July 2, 2008.

The trial is set to begin on 2 February 2009.

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