From: Hal <hfinney@shell.portal.com>
Date: Wed, 24 Apr 1996 09:03:24 -0700 (PDT)
To: cypherpunks@toad.com
Subject: Childporn found in UCSB Dean's Computer
Message-ID: <199604241601.JAA08886@jobe.shell.portal.com>
MIME-Version: 1.0
Content-Type: text/plain


This from my local hometown paper in Santa Barbara.  It illustrates
the use of search rather than subpoena to collect information in
criminal cases, as well as the dangers of having unencrypted 
files lying about:

   UCSB dean faces charge of child porn possession
   by Melissa Grace
   News-Press Staff Writer

   UCSB Dean David M. Kohl, under investigation for misues of universify
   funds, is facing a more embarrassing charge - possession of child
   pornography.

   While searching Koh's home for evidence in the investigation into the
   dean's alleged misuse of about $20,000 in fees charged to students
   applying to medical schools, campus police discovered photographs in
   Koh's computer files depicting minors engaging in or simulating sexual
   conduct.

   The pictures were downloaded by the 52-year-old professor into his
   computer from the Internet.  his lawyer said Kohl was unaware of the
   contents until he opened the unsolicited files, which were sent by an
   Internet user whom Kohl does not know by name.

   Kohl has no criminal record, and because of that the pornography charge
   was filed as a misdemeanor, according to the District Attorney's Office.
   No charges have been filed against Kohl for his possible misuse of
   university funds.

   The police found two computer disks, with approximately 15 files
   containing the sexually explicit, graphic material, said Stanley M.
   Roden, one of Kohl's lawyers.

   [...]

   Roden explained that Kohl had been exploring what are known as chat
   rooms on America Online when he was approached by another user and asked
   if he was interested in seeing unspecified files.

   "David never showed, disseminated, paid for, asked for, or looked at them
   again," said his attorney.

   [...]

   Possession of child pornography locally is an unusual charge according to
   campus and city police and watchdog groups for the Internet and child
   pornography laws.

   "There have been no arrests here for child pornography over the last 10
   years," said Santa Barbara Police Department Lt. Nick Katzenstein.

   The university police department's chief, John L. MacPherson, said he has
   never before had a complaint about child pornography.

I also heard an interview with the lawyer on the radio this morning.  He
claimed that this would be a "test case" because Kohl had only had the
files in the privacy of his own home and never looked at them after
realizing what they were.  "As soon as he needed a disk, that one would
have been erased," he said.

It's too bad Kohl didn't use software which automatically and
transparently encrypts his floppies.  Then they would have tried to
subpoena the key, thinking that the floppies might have incriminating
info related to the embezzling charge, never dreaming that they contained
child porn.  That would have been an interesting case.

Hal