Video Surveillance Implications: Anti-Porn Vigilance Required

In particular, certain states, including California, have made or are making adjustments to their pornography laws under which a technician involved with collecting and/or storing video footage could be legally responsible for reporting certain types of sexual conduct or activity involving a child.

The spirit of the California legislation, dubbed AB 2304, adds commercial computer technicians and Internet service providers to the list of individuals responsible for reporting possible child pornography to law enforcement officials. For the purposes of the California bill, a child was considered to be anyone under the age of 16, although the age threshold varies depending on the state you’re talking about.

As one essay related to the bill points out: “Digital pictures are the preferred media for photography, and these pictures are often stored on computer hard drives. Computer technicians work with the very medium where child pornography can be stored and reviewed. In order to reduce the incidents of the violation of our children, we must facilitate reporting in the latest popular technology.” This information is courtesy of CRN Editorial Cabinet Member Oli Thordarson, president of Alvaka Networks, who keeps an eye on proposed legislation of all types in California.

Like most of us interested in protecting child from egregious behavior, Thordarson agrees with the spirit of the California proposal although he points out that the law may pose problems when it comes to his confidentiality arrangements with clients. Moreover, he questioned the ability of video surveillance technician to determine whether someone is 15-and-a-half years old or 16-and-a-half years old. Indeed, what are the ramifications of false reports anyway?

Existing laws in six other states (Arkansas, Michigan, Missouri, Oklahoma, South Carolina and South Dakota) may provide insight as to what you’re up against if should you knowingly fail to report something suspicious. Here’s the rundown of what they require. In Arkansas, failure to report is a misdemeanor. In Oklahoma, you could be subject to a fine and imprisonment of up to one year.

The point I make is that if you’re investing in a video surveillance practice, especially for a public application such as retail/point of sale, you should investigate your obligations not just to your clients but also to society.