About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


32 DePaul J. Art Tech. & Intell. Prop. L 1 (2022)

handle is hein.journals/dael32 and id is 1 raw text is: VOLINI & AHMED: STRATEGIES TO DETER CHILD PORNOGRAPHY IN THE ABSENCE OF A MANDATORY ENCRYPTION BACKDOOR STRATEGIES TO DETER CHILD PORNOGRAPHY IN THE ABSENCE OF A MANDATORY ENCRYPTION BACK DOOR: TIPSTER PROGRAMS, A LICENSED RESEARCHER SYSTEM, COMPELLED PASSWORD PRODUCTION, & PRIVATE SURVEILLANCE Anthony G. Volini* & Farzana Ahmed** INTRODUCTION Online child pornography (CP) is a serious issue. For several decades, law enforcement has requested a mandatory encryption back door, referencing child pornography as the key motivation. Given that law enforcement may never have such a back door based on privacy concerns, the question arises of what can be done to deter CP. Given the absence of a mandatory encryption back door, the FBI in 2021 worked with a private company that sold encrypted devices to hundreds of organized crime syndicates, resulting in 800 arrests in 16 countries (as the FBI had the ability to decrypt). While this was a creative strategy, other strategies for detecting child pornography are explored in this article given that law enforcement's decades-long push for a mandatory encryption back door may continue to be outweighed by privacy interests. Potential strategies addressed include a conventional tipster program, an anonymous tipster program, a licensed private researcher system to corroborate law enforcement claims, scanning by private tech companies for CP content, and brief exploration of a narrow Fifth Amendment exception to compelled password production (which might fail constitutional muster). OVERVIEW To deter child pornography1, we propose a conventional tipster reward system for reporting of preteen child pornography * Senior Professional Lecturer at DePaul University College of Law, Registered Patent Attorney, M.S. Cybersecurity (Networking & Infrastructure), Certified