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My son has been accused of sending and possessing CSAM from Kik application. My question is if no CSAM is found on his phone is IP ADDRESS and logs enough to convict or Do they need to find images or videos on phone
Usually, they will need the images.
What if Kik gave the police the images in question
I think they can if they have proof of making/taking. If something is found that would be possession. My person was convicted of permitting. This was in Scotland where things are slightly different to England though.
I'm really no expert, but I can try explain my understanding. For a charge of 'making' they just need evidence of an image stored in the phone - not necessarily saved, as saved would be possession. However if he has clicked on links the images these may have automatically saved in to his phone/device, with or without his knowledge. If he's then shared images in chats within an app, even if it's only been sent to one person in a private conversation, this will be classed as distribution. As far as I'm aware an IP address connects the person to the phone, their search history and apps. Forensics will probably scan across a few areas looking for activity.
My OH is being charged/sentenced for having 9 cat B images in the cache of his phone - which are inaccessible and irretrievable but they believe to be that category. The cache is the phones behind the scenes storage where it holds some (but not all deleted messages, and websites that have been visited for a period of time). Even if the image hasn't been looked at on the website, but has been stored in the cache then prodectors will use this (which can happen and why it makes it shockingly unreliable evidence and is not used in any other criminal proceedings, except for sex offences, aren't we the lucky ones!!!).
The digital footprint and technicalities of forensic data is a complete minefield. If you can afford it I would pay for your own forensic expert to review the evidence, because the police don't have the same level of diving deeper in to the evidence, which from what I've read and seen happen on here, could make or break a charge.
Good luck xxx
My OH is being charged/sentenced for having 9 cat B images in the cache of his phone - which are inaccessible and irretrievable but they believe to be that category. The cache is the phones behind the scenes storage where it holds some (but not all deleted messages, and websites that have been visited for a period of time). Even if the image hasn't been looked at on the website, but has been stored in the cache then prodectors will use this (which can happen and why it makes it shockingly unreliable evidence and is not used in any other criminal proceedings, except for sex offences, aren't we the lucky ones!!!).
The digital footprint and technicalities of forensic data is a complete minefield. If you can afford it I would pay for your own forensic expert to review the evidence, because the police don't have the same level of diving deeper in to the evidence, which from what I've read and seen happen on here, could make or break a charge.
Good luck xxx