FBI Posting Fake Links to Lure Child Porn Suspects

CYBERSPACE — In a new trend that raises questions about the legal definition of entrapment, the FBI is posting fake hyperlinks in an effort to lure seekers and purveyors of child pornography.

Here's how it works: Undercover FBI agents visit message boards suspected of harboring child-porn traders and post a link that purports to offer child porn. At first the link doesn't work, but later the agents replace the link with a working URL.

As soon as someone follows the link, the FBI will usually hit the person’s house with a search warrant in hand.

Does this investigative technique amount to entrapment? So far, the courts say it isn't, and criminal defense attorney Jeffrey Douglas agrees, though he told XBIZ he would like to see a less narrow legal definition of entrapment.

"As of now, to prove entrapment, the burden is on the defendant to prove that, but for overwhelming government action or misrepresentation, the crime would have never happened," said Douglas, who also serves as the chairman of the board for the Free Speech Coalition. "The defendant also has to prove that they had no prior inclination to commit the crime."

Defense attorney Anna Durbin of Ardmore, Pa., lamented this new practice.

"I thought it was scary that they could do this," Durbin said. "This whole idea that the FBI can put a honey pot out there to attract people is kind of sad. It seems to me that they've brought a lot of cases without having to stoop to this."

Would this new practice endanger an organization like ASACP, which reports child pornography to law-enforcement officials? It’s unlikely to affect ASACP, a representative of the group told XBIZ, because ASACP employs one person who visually confirms the existence of child pornography on suspected sites, and does so with the full knowledge of the American and Canadian authorities.

The implications for this new FBI practice don't end at entrapment, however. Suppose the FBI posted a phony hyperlink that promised the surfer "illegal content" from a prominent adult company – could a click on that link open someone up to a copyright infringement charge as well?

Douglas said he doesn’t think that clicking such a link would open an end-user to a copyright infringement action — he doesn't foresee many prosecutions along those lines, either.

"That case would be closer to entrapment because of the huge amount of stolen, copyrighted content out there that's not being prosecuted," he said. "But the day the government goes out of its way to protect the intellectual property rights of the adult industry – well, that would be a very different world."

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Report: UK Moving Ahead with Plan to Outlaw 'Choking' Content

The BBC and other sources are reporting that the U.K. government will follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Show More