News and Insights

Must a Firm Report Child Porn on Company Server?

News and Insights

Must a Firm Report Child Porn on Company Server?

PublicationNovember 15, 2007New York Law Journal

LSW partner Dan Gitner and associate Gabi Friedman consider the complex legal and practical issues that arise when a firm discovers child pornography on a company server. It is illegal to be in possession of child pornography, but there is no safe harbor for a company that reports the contraband to law enforcement–even if the downloader acted in secret. At the same time, destroying the materials without making a report could be a crime in its own right. Dan and Gabi contend that there is a de facto duty to report, and they offer practical tips to a company that finds itself in this challenging situation.