A recent case came out of the 10th Circuit which described AOL’s (the Internet Service Provider) ability to scan digital images and detect which ones are illegal pornography based on a “hash value.”

The court described it as follows, “AOL’s automated filter works by identifying the hash value of images attached to emails sent through it’s mail servers. Those values are then compared to the hash values of images that AOL employees have viewed previously and deemed child pornography. Any email containing an image with a matching has value is automatically weeded out.”

The natural question that comes to mind is why, if AOL has this technology, is it not being used to scan the servers of all ISPs in order to remove the offending content proactively instead of using it as a tool to catch people?

Clearly, if AOL has the ability to find these images based on their digital fingerprint, other ISPs, such as Comcast, AT&T, Time Warner, CenturyLink, Charter, Verizon, Cox… which have all outgrown AOL, have the same ability. How can the government not?

If the technology were used to identify and wipe the content from servers it would help stop the spread of the content. We all understand that prison is a huge industry and using this tool instead for catching the low hanging fruit is more profitable, but isn’t the ability to prevent the re-victimization of those in the images an equally important objective?

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