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I am 18 & got legal notice from Google accidentally uploading child pornography I am 18 & got legal notice from Google accidentally uploading child pornography

6 months ago

I traded my phone last year with a friend of mine, even after resetting a few times some of the videos and pictures were there so I decided to upload them in a google drive and send it to him as he was far away.And I had to use to accounts to upload because not all the videos and photos were uploading at once in a single account. But when the uploading was halfway I received an email from google which is :

" A review of your most recent appeal confirmed that this account was used in a way that violated Google's policies. As a result, your account access can't be restored. Any future appeals will be closed.

Your account and its data will be considered for deletion starting 11 months after the account became unavailable.

If you live in the European Union (EU) or are an EU citizen, there may be additional resolution options available to you.

Google is committed to keeping people safe online. Check our Terms of Service for more information about our policies and the actions we take in response to policy violations on our products. "

Then I read their policy which is :
"Don't use Google services in a way that exploits or abuses children.

We act on the following kinds of content:

Child sexual abuse materials, including cartoons.
Child grooming - for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child.
Sextortion - for example, the use of real or alleged access to a child’s intimate images to threaten or blackmail a child.
Sexualization of a minor - for example, imagery that depicts, encourages or promotes the sexual abuse of children or the portrayal of children in a manner that could result in the sexual exploitation of children.
Trafficking of a child - for example, advertising or solicitation of a child for commercial sexual exploitation.
This content includes anything that's created, shared, sent, or uploaded on Google services.

When we come across child exploitation, we'll take appropriate actions. Our actions might include reporting child exploitation to the National Center for Missing & Exploited Children or law enforcement, and disabling accounts.

Note for certain of our communication services:

Within the European Union, certain of our communication services detect online child sexual abuse under the Regulation (EU) 2021/1232, which provides for a derogation from the confidentiality of communications under the Directive 2002/58/EC for the purpose of combating online child sexual abuse. Under Regulation 2021/1232, if you think your account was disabled by mistake, in addition to requesting review, you can lodge a complaint with your country’s relevant data protection authority. You also have the right to a judicial remedy before a competent court."

I gor scared and logged off from two accounts and now I am feared if I'll face imprisionment for this stupidity or not or can I take any legal action, I still have that phone.

(New Delhi, Delhi)

Vidhikarya

A.Dear Client,

Viewing pornography, including child pornography, on digital devices or social media platforms is illegal and considered a crime punishable under law. Section 67B of the Information Technology Act, 2000 criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section includes imprisonment for up to five years and a fine of up to ten lakh rupees for the first conviction, and up to seven years of imprisonment and a fine of up to ten lakh rupees for subsequent convictions.

Additionally, Section 66A of the Information Technology Act defines the punishment for sending offensive messages through computers or communication devices, which can lead to a maximum of three years of jail time and a fine.

Sharing private pictures, messages, or videos, especially those involving individuals under 18, without permission, is a serious violation of privacy and is punishable by law.

If a crime under Section 67B of the Information Technology Act is reported to the Cyber Crime Cell, authorities will conduct an investigation. You may be called for interrogation to determine the source of offensive posts on social networks and verify the facts from related intermediaries or service providers. If you are found to be violating the provisions of the Act during the investigation, you can be charged with committing a crime. Otherwise, you will be acquitted of the charges.

As a law-abiding citizen, if you encounter any incidents that violate the law, it is essential to report them to the Cyber Crime Cell. Citizen awareness and reporting play a crucial role in preventing crimes and holding criminals accountable.
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Vidhi Samaadhaan Vidhi Samaadhaan

S. K. Dutta

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A.Dear Client,
Viewing pornography either child pornography or adult in digital devices on social media platforms is illegal and a crime punishable under law. Sec.67B of the Information Technology Act, 2000 was added through an amendment in 2008 that criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section on the first conviction is imprisonment for up to five years and a fine of up to ten lakh rupees. On subsequent convictions, the punishment can extend up to seven years of imprisonment and a fine of up to ten lakh rupees. Section 66A defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or tablet and a conviction of it can fetch a maximum of three years of jail and a fine. Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by law. Once such a crime of violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social networks and to find out the veracity of the facts from the related intermediaries or service providers. On investigation, if they find you are in any way violating the provision of the Act, you can be booked for committing the crime, otherwise, you will be acquitted of the charges. If you have any specific incident that violated the law of the land, as a law-abiding citizen you may bring the matter to the notice of the Cyber Crime Cell because awareness and attitude of reporting amongst the citizens is the first step for preventing a crime and for booking the criminals behind the bar. If the situation so warrants, you may hire the service of an Advocate or cyber law expert to navigate the issue in the right way.
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