ABSTRACT
Prosecution of unprotected speech may be complex and costly. For example, prosecution may require interagency collaboration, expert witnesses, and subpoenas for international witnesses. Prosecution of pornography may be more prevalent in districts with higher income, but not if they have higher crime rates overall (Buzzell, 2007). Data show that complexity and cost make prosecution of obscenity crimes less likely if offenders are not involved with child pornography or other commercial sex enterprises. The National Drug Intelligence Center (NDIC) has reported significant difficulty in surreptitious investigation of obscene and pornographic images of children online because offenders use wireless Internet connections, online image storage, external hard drives, wireless storage devices, USB drives, CDs, secure password technology, proxy servers, encryption, and Internet protocol (IP) spoofing (Department of Justice [DOJ], 2010). Investigators often rely on human connections involving social media, peer-to-peer (P2P) file sharing, and tip lines to gather evidence. Internet monitoring, sting operations, and mandatory reporting may produce sufficient evidence to result in prosecution. Stings are not costly, but forensic analysis and expert testimony, extradition, and other aspects of trying the accused may be more costly. On occasion, false accusations have resulted in investigation, prosecution, or conviction; however, use of recorded technological evidence aids the state in meeting its burden of proof. Technological evidence may also aid defendants.
