1. It is for the FBI to investigate, not to prosecute. Sanger is therefore acting appropriately in bringing it to the FBI's attention.
2. Who is to blame? Well, the co-conspirators are:
* the uploaders for sure. * the WMF, as they cannot now deny that they are aware that there are such images, and regardless of formal notification, they have not taken reasonable steps to identify such materials once they became aware of the possibility. * The administrators of Commons - who have volunteered to oversee; especially those who have zealously enforced other policies such as copyright yet have chosen not to enforce obscenity. * Possibly, but less likely, any person who viewed the inappropriate content and therefore has downloaded it onto their PC, and has not reported it.
3. What should be done? a) the FBI need to establish whether there is content that falls within the remit of that law. b) Potentially in consultation with prosecutors, determine whether there is something that requires forwarding for legal action, or is something that can be dealt with with warnings or cautions. However, in the UK, a serious offence should not be treated with a caution (though it does happen, even for GBH). c) If it was found that there was enough evidence of a crime, then quite simply, it goes to court, and then it is for a court to decide guilt or innocence and the appropriate punishment.
What is not appropriate is suggesting that it is wrong to report a possible crime.
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