Can Questionable Child Porn Tracking Software Result in Dismissal?

The Child Protection System is a forensic software program that helps police departments across the United States identify child pornography offenders. However, as with just about every type of computer software, this program faces growing privacy concerns as its scope expands.

If you’ve unexpectedly gotten caught up in a child pornography case in Harris County, TX, it is crucial to take it seriously and work with an experienced defense lawyer right away. This is especially true if you or your IP address was allegedly identified by some computer software. An attorney can protect your rights during and ensure the computer evidence is examined properly.

Find out how the Law Offices of Ned Barnett can help by calling (713) 222-6767 or contact us online 24/7 for a free and confidential consultation.

Possible Issues With This Software

On the subject of privacy, forensic cybercrime expert Josh Moulin had this to say, “If you are taking someone’s liberties away in a criminal investigation, there has to be some sort of confidence that these tools are being used properly and their capabilities fall within the Constitution.”

Every software program has its crop of problems, and the Child Protection System is no exception. While faulty coding isn’t necessarily the issue here, the infringement on people’s privacy is.

In 2019, the Human Rights Watch wrote an open letter to the Justice Department demanding more independent testing of the Child Protection System software, noting that some prosecutors have chosen to drop cases in lieu of reviewing their user details from this software program. In response, the federal government mandated the creators of the Child Protection System software to provide the software’s open source code to third parties for independent testing.

Personal privacy isn’t the only concern, though.

Sometimes the software flags a photo on an individual’s computer that is no longer there. This may result in a police investigation and search, which can create a host of unwanted problems. For example, your computer and other property can be confiscated or a shared work computer can be identified.

What’s more, critics of the Child Protection System software point to searching private folders on people’s computers, which is potentially a violation of the Fourth Amendment.

How Houston Uses this Software

Like dozens of other major American cities, Houston takes child pornography cases very seriously. Home to one of three Internet Crimes Against Children (ICAC) task forces in Texas, this agency has been working with the High Tech Crimes Division of Harris County in Precinct Four–along with 50 other law enforcement agencies in Houston–to track suspects’ IP addresses and issue search warrants for sex crime offenses.

Each photograph on the internet has a “digital thumbprint,” if you will. This unique thumbprint allows investigators to see the IP addresses of all the users who download it, and can potentially incriminate users who download illegal images.

How the Law Office of Ned Barnett Can Help You

At the Law Office of Ned Barnett, we understand how much a child pornography possession charge can utterly destroy someone’s family, name, and career.

By working with an attorney early in the process, we can push for an independent review of any computer evidence. Attorney Barnett can make sure the software that identified you is properly scrutinized so we find flaws or signs that the materials were misinterpreted. This can limit inappropriate evidence from being used against you or result in a dismissal.

As an experienced and highly successful sex crime defense attorney, Ned Barnett knows how to handle complex forensic computer evidence and has what it takes to resolve cases in your favor.

Set up a free and confidential consult by calling (713) 222-6767.