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CASE
EXPERIENCE

Internet & Child
Pornography

Defending Against Online Child Pornography Charges

The proliferation of adult websites has made anyone who has ever visited one susceptible to a charge of possession of child pornography. The content of adult web sites changes on an hourly basis. The website that had no pictures of children last month could have tens of thousands this month. Some courts have upheld the search of a computer simply because the owner subscribed to an adult website with a name like "Girls Girls Girls" that at some remote time contained child pornography. It is essential that you hire a lawyer who can effectively challenge the search of your computer. Challenging the search and seizure of your computer must be done by skillfully prepared and persuasive pre-trial motions that apply the facts of your case to the law in your Federal Circuit or State.

The Shellow Group has successfully defended against ICE investigations like Operation Falcon and Regpay by showing that while the ICE agents with their "encase" program can view the child pornography on the unallocated space of your computer, the owner couldn't!

Myth 1: Nothing is ever completely erased from a computer. There is no commercially available software that wipes clean your hard drive. But since nothing is ever completely erased that means your expert witness can show the jury how the pornography got on your computer without one single key stroke on your part. The Shellow Group understands how the agents put together their cases. The Shellow Group has its own computer forensic experts to show how you are a victim of the explosion of adult websites that direct you to websites that contain child pornography.

Myth 2: I didn't save it so how could I have possessed it. Remember nothing can ever be completely erased from your hard drive. Hire a lawyer who knows the law. Whether it was on your screen as a pixel never opened or on its way to the unallocated space, the government can always find it, but you can't!

Myth 3: No one ever accidentally possesses child pornography. Read what the Justice Department in charge of prosecuting your cases said to congress:

One favorite trick of online pornographers is to send pornographic Spam email. Another is to utilize misleading domain names or deceptive metatags (which is a piece of text hidden in the Hypertext Markup Language (HTML) used to define a web page) which can mislead search engines into returning a pornographic web page in response to an innocuous query. As a result of these deceptive metatags, searches using terms such as Atoys,@ Awater sports,@ AOlsen Twins,@ ABritney Spears,@ Abeanie babies,@ Abambi,@ and Adoggy@ can lead to pornographic websites.

Indeed, it has been estimated that ninety percent of children between the ages of 8 and 16 have been exposed to obscene material on the Internet. Moreover, once an unsuspecting person is on a pornographic website, online pornographers utilize other techniques such as mousetrapping to prevent that individual from exiting these websites and stopping the assault of offensive material.

Hire a lawyer who will use the government's own words against them. Hire the Shellow Group.

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THE SHELLOW GROUP