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An interesting (hypothetical) legal question
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Posting Junkie
Join Date: Jun 2001
Location: Washington DC
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I currently do a lot of work as a freelance IT consultant. As a result I spend a lot of time with other people's computers and occasionally their files. This morning a scenario occurred to me that, though it has never actually happened to me, could put me in an interesting legal position. Here it is:
Say I were doing my thing fixing someone's computer, or installing new software, or whatever, and I happened to find evidence of a crime on their computer. What, if any, legal responsibility would I have in such a scenario? Obviously there's no client-techie confidentiality laws so I could be subpoenaed if there were a trial, but short of that do I have any legal obligations? How far would an NDA go as far as barring me from taking it to the authorities or testifying if called as a witness?
What if someone were to hire me for the purpose of destroying incriminating data on their computer or something along those lines? If I could legitimately claim that I did not know the nature of the data, could I still be held legally liable?
(Last edited by nonhuman; Feb 7, 2007 at 01:59 PM.
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Posting Junkie
Join Date: Feb 2000
Location: Washington, DC
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I think it depends upon the crime.
Also, if the crime can be "explained away" I think you are in the clear. If it's an email saying "I killed the guy, and hid the body in the junk yard" you have an obligation to call the police.
Just my 2ยข
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Posting Junkie
Join Date: Feb 2005
Location: 888500128
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If you are called in to help hide incriminating evidence, it is your responsibility to a) refuse to continue with the job and b) call the cops. You are liable, and you are an accomplice.
I was called into an advertising agency once, and the only decent solution for the problem at hand was to set up one of the machines from scratch.
Turned out they had no licenses for software, whatsoever. I left. Didn't call the cops, though.
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Addicted to MacNN
Join Date: Apr 2001
Location: The bottom of Cloud City
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This happens often with on site tech support sometimes finding child porn on the clients computer. They report it directly to the police.
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"Ahhhhhhhhhhhhhhhh"
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Forum Regular
Join Date: Aug 1999
Location: The Capital of Silicon Valley
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Also, a NDA cannot act as a shield against illegal activity.
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Posting Junkie
Join Date: Jun 2001
Location: Washington DC
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Well, sounds like this is pretty cut and dry. Good to know. Thanks. 
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Posting Junkie
Join Date: Feb 2000
Location: Washington, DC
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I saw a guy stealing a stapler, so I burned the office building to the ground.
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Posting Junkie
Join Date: Jun 2000
Location: Union County, NJ
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Didn't someone here report a co-worker for child porn? Whatever happened with that?
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Banned
Join Date: Jun 2005
Location: Indy.
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Originally Posted by mitchell_pgh 
I saw a guy stealing a stapler, so I burned the office building to the ground.
"That's the last straw" - Milton
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Professional Poster
Join Date: Jun 2006
Location: "Working"
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One of the laptops one of my coworkers was working one contained an unmarked CD. A quick check at some of the file names revealed its contents. A closer look at the front revealed rubbed off lettering saying "****'s XXX Videos" (**** was her name). The disc looked well used, but we had a good laugh and left it in there.
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