312-50V11 · Question #402
A consultant has been hired by the V.P. of a large financial organization to assess the company's security posture. During the security testing, the consultant comes across child pornography on the V.
The correct answer is B. Stop work immediately and contact the authorities.. Discovery of child pornography during a security engagement creates a legal obligation that supersedes the consulting contract - the consultant must stop and report to law enforcement.
Question
A consultant has been hired by the V.P. of a large financial organization to assess the company's security posture. During the security testing, the consultant comes across child pornography on the V.P.'s computer. What is the consultant's obligation to the financial organization?
Options
- ASay nothing and continue with the security testing.
- BStop work immediately and contact the authorities.
- CDelete the pornography, say nothing, and continue security testing.
- DBring the discovery to the financial organization's human resource department.
How the community answered
(31 responses)- A13% (4)
- B77% (24)
- C6% (2)
- D3% (1)
Why each option
Discovery of child pornography during a security engagement creates a legal obligation that supersedes the consulting contract - the consultant must stop and report to law enforcement.
Continuing work without reporting constitutes knowing concealment of a federal crime, which can expose the consultant to criminal liability.
Child pornography is a federal crime under laws such as 18 U.S.C. SS 2256, and knowingly failing to report it can itself constitute a criminal offense in many jurisdictions. The consultant must stop work immediately to preserve evidence integrity and contact law enforcement authorities directly. The severity of the crime overrides any contractual confidentiality obligations with the hiring organization.
Deleting the material destroys evidence of a crime and could result in obstruction of justice charges against the consultant.
Reporting to HR is insufficient because child pornography is a criminal matter for law enforcement, not an internal HR issue.
Concept tested: Legal and ethical obligations when discovering criminal content
Source: https://www.justice.gov/criminal/criminal-ceos/citizens-guide-us-federal-law-child-pornography
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