Moral obligation to investigate

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Hi all,

It took me a long time to kick the porn habit. I am also a computer tech so from time to time I’m unwillingly exposed to it and try my best not to get drawn in.

Sometimes there is evidence on certain computers that there is illegal sex activity (prostitution, online predation, child pornography, etc.) which would most certainly make a prosecutor willing to look further into certain areas of the computer to verify if there is or isn’t anything criminal going on.

Am I morally obliged to investigate these matters if I find evidence that there might be criminal activity or do I just let it slide because I have a weakness for porn from time to time? The end result is that if I don’t do something about it, it’ll either be too late or nobody will.
 
I am also a computer tech and specialize in malware eradication. When I come across the source (porn, shopping sites, otherwise) I expose it to the owner. I tell it like it is. In some cases, it was the wife who hired me. I still show her what was found.

If there is illegal activity going on, such as child pornography, I take a snapshot of the hard drive and file a police report. This covers me in case it were to somehow come back. The local police will not take any action based upon my report, but might forward it to higher ups. For personal security, I do not inform the owner of my findings. The police report is also filed anonymously.
 
prstoessel said:
I am also a computer tech and specialize in malware eradication. When I come across the source (porn, shopping sites, otherwise) I expose it to the owner. I tell it like it is. In some cases, it was the wife who hired me. I still show her what was found.

If there is illegal activity going on, such as child pornography, I take a snapshot of the hard drive and file a police report. This covers me in case it were to somehow come back. The local police will not take any action based upon my report, but might forward it to higher ups. For personal security, I do not inform the owner of my findings. The police report is also filed anonymously.
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A snapshot of the HDD… I assume u image it with acronis or norton ghost?
 
I am neither a computer techie nor a law enforcement official so my comments may be off point.

To me there is a huge difference between “investigate” and “inform.” And a difference between “moral obligation” and “legal obligation.”

Any solid proof you might discover quickly leads to a duty to inform the proper authority. As soon as that happens, you then would have to stand being investigated yourself. In the legal world, you have to show you had a duty to investigate to the level you did if your investigation went anywhere beyond what was in plain sight. You would also have to show a legal authority to copy anything that was copied, or it could been seen as stealing.

If you are working on computers for a business, you should review their policy on using company conmputers for personal interests, especially of the kind you mention. I would follow that policy completely.

If you are working on home computers, it seems sticker. Hired to work on part A, you go hunting (OK investigating sounds better but both words are beyond why you were there in the first place) on part B. By what right? And who do you tell? The owner as with a business? The police, without proof you stoled? For the police to investigate they need probable cause. An accusation is not always probable cause.

Because the moral is so close the legal, I would recommend that you discuss this issue with legal authorities.

In no way am I trying to defend immoral behavior. Not at all. I am just pointing out the linkage between moral and legal obligation. Discuss your obligation with legal authorities.
 
prstoessel said:
I am also a computer tech and specialize in malware eradication. When I come across the source (porn, shopping sites, otherwise) I expose it to the owner. I tell it like it is. In some cases, it was the wife who hired me. I still show her what was found.

If there is illegal activity going on, such as child pornography, I take a snapshot of the hard drive and file a police report. This covers me in case it were to somehow come back. The local police will not take any action based upon my report, but might forward it to higher ups. For personal security, I do not inform the owner of my findings. The police report is also filed anonymously.
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I hope you are disclosing all of this to your customer upfront before you are hired.
 
momor said:
I hope you are disclosing all of this to your customer upfront before you are hired.
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I’m sure I would make sure to clear out all of the dead bodies in my trunk before I took my car into the mechanic, otherwise you can’t blame the mechanic for calling the cops on ya when he finds it.

They could say “oh, you had no business going in my trunk”…but something stinks.
 
OpenSource said:
I’m sure I would make sure to clear out all of the dead bodies in my trunk before I took my car into the mechanic, otherwise you can’t blame the mechanic for calling the cops on ya when he finds it.
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Easier said than done when it comes to computers and the average knowledge level of someone who had to hire you to fix their computer.

If I was in business for myself I’d have my reporting policy in my contract/work order and make sure to point it out. Otherwise you’d better be sure your legal obligation to report will trump their right to privacy or non-self-incrimination. I’d also have it in my contract that the person who signed was attesting to be the owner of the computer before I started poking around and deleting or revealing anything. It’s a big assumption these days that people living in the same household have any legal relationship.
 
Good idea; I think I’ll check up on state laws about that. I think in some states I am legally obliged to report anyone in posession of child pornography.
 
momor said:
I hope you are disclosing all of this to your customer upfront before you are hired.
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I believe I said in my original post that I always reveal to the owner what I find as the source of their malware issue. That’s pretty up front, isn’t it?
 
OpenSource said:
Am I morally obliged to investigate these matters if I find evidence that there might be criminal activity or do I just let it slide because I have a weakness for porn from time to time? The end result is that if I don’t do something about it, it’ll either be too late or nobody will.
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First, the computer does NOT belong to the person. It belongs to the company, and generally to the IT department.

Second, if you find evidence of a crime, such as child pornography, DO NOT INVESTIGATE. It is not your place and you will invalidate the evidence.

Contact your boss immediately. Then, assuming you’ve remoted in to the person’s computer, log out their computer. Walk straight to their desk, shut down their computer, unplug it and take it with you and LOCK IT UP SOMEWHERE SAFE.

Next, report it to the proper authorities (through your corporate structure or yourself if need be) for a proper cyber-forensics investigation.

I repeat: DO NOT ATTEMPT TO INVESTIGATE CYBER CRIMES ON YOUR OWN!

~Associate of ISC2 (International Information Systems Security Certification Consortium)
 
promethius said:
First, the computer does NOT belong to the person. It belongs to the company, and generally to the IT department.

Second, if you find evidence of a crime, such as child pornography, DO NOT INVESTIGATE. It is not your place and you will invalidate the evidence.

Contact your boss immediately. Then, assuming you’ve remoted in to the person’s computer, log out their computer. Walk straight to their desk, shut down their computer, unplug it and take it with you and LOCK IT UP SOMEWHERE SAFE.

Next, report it to the proper authorities (through your corporate structure or yourself if need be) for a proper cyber-forensics investigation.

I repeat: DO NOT ATTEMPT TO INVESTIGATE CYBER CRIMES ON YOUR OWN!

~Associate of ISC2 (International Information Systems Security Certification Consortium)
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I was speaking in the context of when the computer belongs to the individual, as that is where most of my work comes from (residential, not commercial).
 
prstoessel said:
I was speaking in the context of when the computer belongs to the individual, as that is where most of my work comes from (residential, not commercial).
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Right; we rarely find that stuff doing our MSP work anyway…its mostly the creepy old guys that come in :bigyikes:
 
promethius said:
First, the computer does NOT belong to the person. It belongs to the company, and generally to the IT department.

Second, if you find evidence of a crime, such as child pornography, DO NOT INVESTIGATE. It is not your place and you will invalidate the evidence.

Contact your boss immediately. Then, assuming you’ve remoted in to the person’s computer, log out their computer. Walk straight to their desk, shut down their computer, unplug it and take it with you and LOCK IT UP SOMEWHERE SAFE.

Next, report it to the proper authorities (through your corporate structure or yourself if need be) for a proper cyber-forensics investigation.

I repeat: DO NOT ATTEMPT TO INVESTIGATE CYBER CRIMES ON YOUR OWN!

~Associate of ISC2 (International Information Systems Security Certification Consortium)
Click to expand...
I am in IT (developer, former tech), and this is quite a sensitive matter. In a nutshell, if you are working for a company, you should check what their official policy is, and follow that, unless to do so would be manifestly illegal or immoral. If you are self-employed, a quick consultation with an attorney might do wonders for peace of mind regarding when a legal duty to take action arises (i.e. how much you have to “see” before your legal situation becomes something other than an innocent bystander). Your local police might even have some basic information tailored to the local legal system to help guide you.

I’ve heard that their was a case where someone “found” child pornography and emailed it to the local police department, and were arrested. This type of material is so illegal and so offensive that you probably can’t afford not to know what the local laws are - hopefully, your company has already done the work for you and put it in the employee handbook. If not, ask!
 
I think with material which clearly violates the law, such as child pornography, there could be an obligation to disclose it to the relevant authorities. It may even be legally obligatory to do so. But you should take care if you are under a contractual or professional duty to maintain confidentiality to your employer, their clients, or your own clients in relation to information you obtain in the course of your duties. Possessing or obtaining sensitive or confidential information without authorisation could expose you to severe criminal and civil liability.

I think the best thing you should do is talk to your priest about this and also get legal advice from the appropriate source, as well as informing your supervisor, as others have suggested.
 
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