Who's to Blame for Child Porn?

A New York state Internet service provider has sued the state attorney general to prove it is not responsible for child porn that was accessed by some of its customers. \n The action follows the bust of an alleged child pornography ring, Pedo University, in October. At the time, law enforcement officers seized electronic equipment from Dreamscape, of Syracuse, to look for images that could be used against 13 people arrested in connection with the site. \n Dreamscape asked a U.S. District court to spell out exactly what responsibilities Internet service providers have when illegal material is transmitted over the Web. It also asked for an injunction to stop Attorney General Dennis Vacco from taking any equipment and from charging the provider with any crimes. \n The question of whether Internet service providers are responsible for illegal material isn't exactly new. Most federal and state laws seem to exempt providers from liability for carrying illegal images. Lawyers say that the situation is analogous to one in which people use a phone line to plot a kidnapping. In that case, AT&T would not be held responsible for the crime. \n It is not clear, however, that Vacco buys into that line of reasoning. Although he has not yet charged Dreamscape, his office has not foreclosed the possibility that charges will be filed. In fact, Vacco has said he hold Dreamscape and another provider, Buffnet.net in West Seneca, responsible for not removing child porn material after learning about it. \n None of that sits well with Scott Brennan, Dreamscape president. "We do not want to be forced into the role of a censor or an editor charged with making value judgments on materials and messages available on the Internet," he told a reporter. The company said it offers its 10,000 customers access to 30,000 news group sites, of which Pedo University was but one. \n According to authorities, the 13 people arrested at Pedo U were among those who called themselves "faculty member" at the site and who traded information, pictures and videos of young children engaged in sex. Those arrested were two men in New York and one each in New Jersey, Rhode Island, Tennessee, Utah and Washington State, three in Canada, two in Sweden and one in New Zealand.