The FBI is taking over an Alice Police Department case involving a man's cellular phone which allegedly contained child pornography.
Armed with a warrant from the U.S. Attorney's office, the FBI agent from Corpus Christi handling the case will search the phone for other images and possible sources.
Bueno said the department asked for the FBI to enter the investigation because of the serious nature of the crime.
"We've handed over our case file to the FBI and they're going to take over," Bueno said. "They're going to be able to use all of their resources to investigate this matter. My concern is where did this individual get these images. Did he subscribe to some kind of site or is he running around and taking these images himself."
Officers seized the man's phone in the early morning hours of Nov. 22 after it revealed a sexually explicit image of what appeared to be an underaged girl. The investigating officer described the image as "disturbing," and said it was of a girl about 10 or 12 years old in revealing clothing.
According to an Alice police report, police pulled over a driver in a tan Chevrolet truck on the northbound lane of the 600 block of U.S. Highway 281 for failing to dim his headlights.
Police said when they approached the driver, a middle-age man, he was sweating profusely and he exited the vehicle with his pants zipper down. According to the police report, a woman known to police was sitting in the passenger seat of the vehicle.
Officers searched the truck after it was discovered that the man didn't have a driver's license and the truck's registration had expired in November 2005. Several teen pornography magazines were found in the front seat floor board. As an officer searched the vehicle, he noticed a cellular phone in a red case laying on the front seat. As the phone was moved, police said an image of a young girl "popped up."
According to the report, the man said he recently purchased the phone and began visiting "non nude model" sites. He said he was aware the photograph was illegal and would delete it immediately.
The man was released, but his phone seized by police as evidence. His vehicle was also impounded because of the expired registration and his expired driver's license.
The man is described as having addresses in Fort Worth, Dallas and San Antonio. He has ties to Alice and occasionally stays in town.
"We're going to get to the bottom of this," Bueno said. "I guarantee it." Yet The Defense still Pending to the Booking involving Bail MEMORANDUM AND ORDER as to C.R.: Following a full analysis of the constitutional issues and statutory criteria for sentencing defendant under 18 U.S.C. § 2252 (a)(2) for distribution of child pornography; and a careful consideration of the need to protect the public and to avoid unnecessary harm to the defendant, a sentence of thirty months incarceration is imposed. Credit is to be given for the time spent at FMC Devens while defendant was being evaluated on order of the court. Five-years of supervised release and a special assessment of $100 is mandated. No fine is assessed since defendant has no substantial monetary assets and is unlikely to have any in the foreseeable future. Forfeited to the government shall be all equipment, photos, videos, and any other material used by defendant in obtaining, viewing, collecting or distributing child or adult pornography. Forfeiture to the government of this material is ordered. Defendant shall self-surrender at Devens as soon as he is directed to do so by the Bureau of Prisons or the United States Attorney. Until then, bail is continued. As such to (B) (B) knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate the word Affecting*
A. Original expressions of ideas are copyrighted for a certain period of time (generally the lifetime of the author, plus 70 years), including such mundane works as the papers you write for class. Copyrighted materials are everywhere around you: songs, movies, TV shows, photographs, magazines, books, software, plays and Web sites are just a few things that are subject to copyright protection. Although it has not always been the case, today copyright applies automatically to works upon their creation, and it is not necessary (although there are good reasons) to register the copyright to be afforded copyright protection.
The copyright of a work gives the holder a limited monopoly on reproduction, distribution, and display of that work. When you buy or are given a copyrighted work, you get limited use of it, but not the right to distribute it. So, you can listen to your CD, read your book, and watch your movie, and even lend the original to a friend, but you can't give a copy to your friend without permission from (and generally payment to) the copyright holder. You can play a recent song on the piano (assuming you know how), but you can't perform it for an audience without permission. In the Internet domain, it is probably OK to make a copy of the CD you bought so that you can listen to songs on your iPod or other portable digital music player, but its NOT OK to give that song to your friend without permission from the copyright owner, or allow it to be shared on a P2P system that will give others access to the song without paying for it. And, it is NOT OK to download copyrighted songs, movies, books or images for your personal enjoyment without paying for them (unless you have the express permission from the copyright owner).
There are certain limitations to copyright, most notably "fair use," Into Fair Use to Search of Cell phone is based on §201.2 Information given by the Copyright Office.
(a) In general.
(1) Information relative to the operations of the Copyright Office is supplied without charge. A search of the records, indexes, and deposits will be made for such information as they may contain relative to copyright claims upon application and payment of the statutory fee. The Copyright Office, however, does not undertake the making of comparisons of copyright deposits to determine similarity between works.
(2) The Copyright Office does not furnish the names of copyright attorneys, publishers, agents, or other similar information.
(3) In the administration of the Copyright Act in general, the Copyright Office interprets the Act. The Copyright Office, however, does not give specific legal advice on the rights of persons, whether in connection with particular uses of copyrighted works, cases of alleged foreign or domestic copyright infringement, contracts between authors and publishers, or other matters of a similar nature.
(b) Inspection and copying of records.
(1) Inspection and copying of completed records and indexes relating to a registration or a recorded document, and inspection of copies or identifying material deposited in connection with a completed copyright registration may be undertaken in the Records Research and Certification Section. Since some of these materials are not stored on the immediate premises of the Copyright Office, it is advisable to consult the Certifications and Documents Section to determine the length of time necessary to produce the requested materials.
(2) It is the general policy of the Copyright Office to deny direct public access to in-process files and to any work (or other) areas where they are kept. However, direct public use of computers intended to access the automated equivalent of limited portions of these files is permitted on a specified terminal in the Records Management Section, LM B-14, Monday through Friday, upon payment of applicable fees.
(3) Information contained in Copyright Office in-process files may be obtained by anyone upon payment of applicable fees and request to the Information and Records Division, in accordance with the following procedures:
(i) In general, all requests by the public for information in the in-process and open unfinished business files should be made to the Records Research and Certification Section, which upon receipt of applicable fees will give a report that provides the following for each request:
(A) The date(s) of receipt of:
(1) The application(s) for registration that may have been submitted and is (are) in process;
(2) The document(s) that may have been submitted for recordation and is (are) in process;
(3) The copy or copies (or phonorecords) that may have been submitted;
(B) The title of the work(s); and
(C) The name of the remitter.
(ii) Such searches of the in-process files will be given priority to the extent permitted by the demands of normal work flow of the affected sections of the Copyright Office.
(4) Access will be afforded as follows to pending applications for registration, the deposit material accompanying them, and pending documents for recordation that were submitted within the twelve month period immediately preceding the request for access:
(i) In the case of applications for registration and deposits accompanying them, upon the request of the copyright claimant or his/her authorized representative, and
(ii) In the case of documents, upon the request of at least one of the persons who executed the document or by an authorized representative of that person.
These requests should be made to the Copyright Information Section, and the review of the materials will be permitted there. No charge will be made for reviewing these materials; the appropriate search fee identified in §201.3(c) or §201.3(d) will be assessed, and the appropriate copying fee identified in §201.3(c) or §201.3(d) will be assessed if the claimant wants and is entitled to a copy of the material.
(5) In exceptional circumstances, the Register of Copyrights may allow inspection of pending applications and open correspondence files by someone other than the copyright claimant, upon submission of a written request which is deemed by the Register to show good cause for such access and establishes that the person making the request is one properly and directly concerned. The written request should be mailed to the address specified in §201.1(c)(5).
(6) Direct public access will not be permitted to any financial or accounting records, including records maintained on Deposit Accounts.
Unless the State Compensate of Records Maintain by Cell Phone in Good Faith of Copyright value the search of images violate the Protection from Protection of Personal effects of TXT and or Copyright Rights including Patents, in such no Harm of images are done Domestic and or International within The United States Constitution Fourth Amendment of The Bill of Rights.
No comments:
Post a Comment