United States v. Chiaradio, No. 11-1290 (1st Cir. 2012)Annotate this Case
An FBI agent went online, undercover, to search for child pornography, using LimeWire, a commercially available peer-to-peer filesharing program. He used a special version developed by the FBI, known as EP2P, to assist child pornography investigations. Modifications permit agents to download a file from a single source, learn the general location of the source, and facilitate the identification of child pornography as such. The agent downloaded files and confirmed that they contained graphic depictions of young girls, served a subpoena on the ISP, traced the IP address to a residence owned by the defendant's father, executed a search warrant, and spoke to defendant, who took responsibility for seized computers and admitted to using LimeWire. He denied that he had ever searched for, or downloaded, child pornography. Forensic analysis revealed over 5,000 images and videos of child pornography on the desktop and nearly 2,000 on the laptop. Convicted of two counts of possessing child pornography, 18 U.S.C. 2252(a)(4)(B), and one count of distribution, 2252(a)(2), defendant was sentenced to 97 months plus a life term of supervised release and payment of $10,000 to each of two victims who requested restitution. The First Circuit affirmed, rejecting claims of multiplicity and upholding evidentiary rulings.