But according to the e-mails, MediaDefender planned to unleash a peer-to-peer crawler to search unspecified file-sharing networks for child-porn videos and images based on keywords -- such as "young," "kids" and "taboo" -- provided by the AG's office.
Once suspected image files were found, the software would collect the IP address of the machines trading those files and filter for any addresses based in New York. The data MediaDefender collected would then be sent automatically to the AG's office, where investigators would analyze and investigate it, using a MediaDefender application to visit the IP addresses and download the suspect files.
It's unclear whether MediaDefender planned to download the suspected-child porn itself, or leave that to the AG's investigators. Jeffrey Lerner, spokesman for the New York AG's office, refused to comment on the record about whether MediaDefender was downloading child porn, due to "an ongoing investigation."
If the company knowingly downloaded child porn, it could run afoul of federal law, notwithstanding any arrangement it made with state authorities, legal experts say. Either way, several defense attorneys expressed surprise that a law enforcement agency would outsource any evidence collection to a private company.
"It is bizarre," says Martin Pinales, former president of the National Association of Criminal Defense Lawyers. "What they're doing is saying, 'We're going to make you a bounty hunter. We're going to pay you to go collect evidence so that in the future we can prosecute somebody.' But (MediaDefender doesn't) have the training of law enforcement."
