IL- Computer techs must report child porn

10-5-2008 Illinois:

New Illinois law requires repair technicians to inform on customers if they see a questionable image

SPRINGFIELD — Computer technicians must report to law enforcement any customers whose computers contain child pornography under a new law that drew fire Friday from opponents who warned innocent people will end up under investigation.

The new law applies to those who work at big or small stores as well as repairmen who work on computers in people's homes. It's an expansion of a current state law that required photo processors to report potentially criminal images.

"It's not acceptable if you're a computer technician to say, well, it's none of my business and then move on to the next customer," said state Sen. A.J. Wilhemi (D-Joliet), the sponsor. "We have to take a collective approach to combating this insidious industry."

Gov. Rod Blagojevich, whose signature put the law on the books immediately, approved it as part of a package of legislation aimed at preventing the exploitation of children.

The American Civil Liberties Union of Illinois questioned the wisdom of a law that would require untrained computer technicians to make judgments on what constitutes child pornography, spokesman Ed Yohnka said.

"To what extent do we want to build this kind of society where we are asking people to watch us?" Yohnka asked.

Yohnka worried the law could result in countless people falsely getting swept up into investigations over "something that was not child porn at all."

Failure to report the child pornography is a business offense punishable by a $1,000 fine, but that raised questions with Yohnka too.

"It's impossible, I suppose, to know precisely how every individual would react," Yohnka said. "But the inclination would be to report for fear of later being fined."

But for many technicians, the law may change little in the way they operate.

"I thought it was already law," said Robert Stephens, founder and chief inspector of the Geek Squad at Best Buy. "This is one situation that I think most agents are [aware of]."

The Geek Squad training manual requires employees to immediately notify a manager if there is the suspicion of child pornography on a computer. The same is true for technicians at Circuit City. Technicians do not routinely look at customers' data, several experts said, but would view data in situations such as copying files from an old computer or checking different programs to determine the cause of a system problem.

"The chances of coming across something like that are probably pretty good, but it depends on how nosy you [are] when you're looking at a customer's data," said Marc Lysne, co-owner of CompuTechs in Chicago. "I just want to fix the customer's machine, but if I ran across something like that, I would report it."

Computer technicians must report to local police or e-mail the attorney general at reportchildporn@atg.state.il.us, which will soon be activated.

Another provision in the law targets adults who contact children on the Internet with the intent of luring them into a meeting. It makes it illegal for an adult to send a minor a bus or plane ticket or provide other transportation with the intent of illicit activity. ..News Source.. by Ray Long and Azam Ahmed | Chicago Tribune reporters