Chances are you used a search engine today; if you haven’t yet, you probably will. The average person conducts between three and four searches each day for everything from looking for answers to medical symptoms, to finding a local restaurant for dinner, to shopping for a new car. And while most searches are innocuous with search histories only triggering annoying remarketing ads, others can rise to the level of criminal. In fact, certain keywords and phrases can capture the attention of federal law enforcement. Even if those searches may be innocently conducted out of innate curiosity (such as Googling something you saw on a crime show), they can still trigger an internet crimes investigation. So how do you know what type of search rises to the level of a cyber crime? I’m going to help walk you through it.
Internet Searches that May Be Considered Illegal
There are some searches in which their content can be criminal, and searching out of “interest” may not be a valid defense. What is defined as illegal online content can differ between the states and the federal government. The following is not allowed under federal law:
Child Pornography. Conducting a search on, or visiting a website that hosts, child pornography can be considered a crime. You could face charges and end up on a registered sex offender list.
Terrorist Acts. Looking for instructions on how to build a bomb, or searching for ways to engage in political violence or content that promotes or advocates for terrorism, is against the law.
Crime or Violence. Content that promotes, incites, or instructs how to commit a crime or violence is illegal.
Copyrighted Material. Streaming, downloading, or sharing copyrighted material violates federal law.
Explicit Videos/Images. It is illegal to view videos or images of “real” violence and criminal activity.
Can You Go to Jail Just for Looking at a Website?
Most of the time, you won’t be charged with a cyber crime if you just “looked” at a website. Generally, you would have needed to participate in something for your search to be considered an illegal act. For example, maybe you visited a site where you can illegally download copyright material, but you didn’t download or purchase it; that isn’t a crime. This is not the case, however, with child pornography; simply viewing it is enough because that activity is stored in your computer’s cache and that qualifies as possession.
What If My Search Was for the Purpose of Gathering Data?
When determining if your actions are criminal, law enforcement will assess your search behavior, search history, and social networks to see if there was intent or conspiracy to commit the crime. So conducting searches for “child pornography statistics” or “groups known for terrorist activities” wouldn’t constitute an offense, but searching for “building an explosive device” would. Additionally, questionable searches will look more suspicious if you are under investigation for a crime.
How to Protect Yourself from an Illegal Internet Search
If you are searching for information around any questionable topics, be sure to type in searches that clearly state your purpose. This not only helps protect against triggering an investigation, but it also avoids the chance of the wrong website showing up in the search results and you accidentally clicking on it. While your search terms may not have been illegal, they could lead you to the dark web and criminal activity. Stick to very specific queries. If you are writing a paper on the harms of child pornography, conduct well-defined searches like “how child pornography impacts its victims” rather than simply a general search on the subject which could be broadly interpreted when it comes to proving intent.
Curiosity or a simple mistake can open you up to a cyber crime investigation or worse. If it feels like what you are searching for could be illegal, it may be best not to search for it online.
The contents of this writing are intended for general information purposes only and should not be construed as legal advice or opinion in any specific facts or circumstances.