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Our Responsibilities Regarding CP


U.S. Code Title 42, Section 13032 (laws in effect on January 23, 2000) requires those providing electronic communication services to make a report to the Cyber Tip Line at the National Center for Missing and Exploited Children. The laws don't require technicians or service providers to search for the illegal material, only to report it if they find it.
Graphic of CyberTip website


Oregon Revised Statutes, Volume 4, Chapter 163, Section 693:

Failure to report child pornography
(1) As used in this section:
(a) Computer technician means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.
(b) Processor of photographic images means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.
(2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:
(a) The
CyberTipline at the National Center for Missing and Exploited children;
(b) The
local office of the Department of Human Services; or
(c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.
(3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.
(4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.
(5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.
(6) Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]

Oregon Revised Statutes, Volume 4, Chapter 163, Section 682:

Exceptions to ORS 163.665 to 163.693
The provisions of ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography) do not apply to:

(1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;
(2) Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct);
(3) Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct);
(4) Obtaining, viewing or possessing a visual recording as part of a bona fide treatment program for sexual offenders; or
(5) A public library, as defined in ORS 357.400 (Definitions for ORS 357.400 to 357.621), or a library exempt from taxation under ORS 307.090 (Property of the state, counties and other municipal corporations) or 307.130 (Property of art museums, volunteer fire departments or literary, benevolent, charitable and scientific institutions), except that these exceptions do not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct). [1991 c.664 §3; 2011 c.515 §9]

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