
CASE ALERT
By: Ray Hill, Professor Emeritus, Santa Rosa J.C.
Electronic Service Providers (ESPs) are Not Acting as Agents of the Government When Using “Hashing Technology” to Detect Child Sex Crimes and Making Required Reports to Law Enforcement (U.S. v. Rosenow, 9USCA (Order and Opinion) #50052, 10/3/22)
The Legal Updates.com website site has previously posted several articles concerning Electronic Service Providers (ESPs) and Cyper Tips involving suspected child pornography and sexual exploitation of children on the Internet (See Bob Phillips - “The Private Search Doctrine and Computerized Hashing Technology” – LU Ref# CAC0054, 11/28/21, and Ray Hill - “Cyber Tip Information Contained in a Search Warrant Affidavit is Considered Reliable (Peo. v. Rowland, LU Ref# CAB00176, 9/18/22). Given the serious nature of these crimes and the advancing technology in this area, whether you work with a large agency with a specialized unit, on a designated task force, or you work for a generalist department, you may receive a Cyber Tip from the National Center for Missing and Exploited Children (NCMEC) that requires investigative follow up.
The technology in place by Electronic Service Providers (ESPs), like Goggle, Facebook, and Yahoo, uses “hashing technology” to screen “chat” messages, photos, videos, images, etc., sent and received between persons on their systems in order to detect child exploitation and child. This involves the use of algorithms to map and reveal data related to these crimes. ESPs have investigations personnel who independently review “suspect data” for verification of criminal activity and to identify the sender/receiver.
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