Peer-to-peer (P2P) file-sharing programs allow for the free and open exchange of files directly from one computer to another, and many people use them to share books, movies, research materials and games.
However, once a P2P is operational, the end user may not be fully aware of what they receive – and even less aware of what is being shared from their own files. If those files (moving in any direction) contain child sexual abuse material (CSAM), the end user may face charges related to either the receipt or distribution of child pornography online.
P2P sharing comes with privacy concerns
It’s critical to remember that a P2P file-sharing program is accessible to anybody who cares to download it, so that eliminates a certain expectation of privacy that someone may enjoy with their home computer.
Police investigators can generally access a P2P network and look for suspected CSAM, even if they cannot go deeper into the end user’s computer without a warrant. They can then look for IP addresses, download suspect files and obtain subscriber information from the applicable internet providers via a subpoena – and that evidence can be used as probable cause to get the necessary warrants to search someone’s actual computer, phone or even their home.
P2P sharing, if it involves CSAM, can ultimately lead to either possession or distribution charges – possibly both. Once a file is received into a shared folder, the software may automatically begin offering it to other users. However, the authorities must typically show that the accused knew what the files contained for a successful prosecution. That’s where there are often valid defenses.
If you or a loved one is facing an investigation or has already been charged with the possession or distribution of CSAM, do not delete, forward or move any files until you can seek legal guidance.