Peer-to-Peer / Torrent / Accidental Download Defense – New Jersey | Monmouth County

Many child pornography investigations in New Jersey arise from peer-to-peer file-sharing programs, torrent software, or automated downloads rather than intentional conduct. Increasingly, allegations also stem from modern communication and cloud platforms. These cases are often charged aggressively despite the fact that the alleged activity may have occurred without knowledge, intent, or direct user action.

Attorney Tara Breslow represents individuals charged in Monmouth County and throughout New Jersey, in both New Jersey Superior Court and federal court, with a focus on peer-to-peer, torrent-based, and accidental download defenses.

How Peer-to-Peer and Torrent Software Works

Peer-to-peer and torrent programs are designed to automatically download and upload files. These programs often place files into shared folders by default and may continue operating in the background without clear user awareness. As a result, files may be made available to others automatically as part of the software’s design.

Allegations Involving Discord, Twitter (X), Google Drive, and Kick

Law enforcement investigations increasingly involve platforms such as Discord, Twitter (X), Google Drive, and Kick. Each platform has unique technical features that can create misunderstandings about intent, control, and knowledge.

• **Discord:** Files may be shared within servers or direct messages. Access permissions, server roles, and automated previews can result in files being cached or temporarily stored without a user intentionally saving or redistributing them.

• **Twitter (X):** Allegations may arise from links, previews, reposts, or direct messages. Metadata, link previews, and third-party hosting can complicate whether a user actually possessed or distributed a file.

• **Google Drive:** Cloud-based storage can synchronize files automatically across devices. Shared folders, inherited permissions, and automatic syncing can result in files appearing in an account without direct user action.

• **Kick:** Streaming and chat features may involve links or third-party content. Investigations often require careful analysis of whether a user uploaded content, shared a link, or merely accessed material hosted elsewhere.

Why Platform-Based Cases Are Frequently Misunderstood

Investigators may rely on account ownership, IP addresses, or platform logs to infer intent. These indicators do not always establish who controlled the account at a specific time, whether files were intentionally uploaded or shared, or whether automated platform features were responsible.

New Jersey and Federal Statutory Framework

In New Jersey, these cases are prosecuted under N.J.S.A. 2C:24-4(b), which requires proof of knowing possession or distribution. Distribution allegations may involve subsection (b)(5), which focuses on intentional conduct.

Federal prosecutions may involve 18 U.S.C. §§ 2252 or 2252A, which similarly require proof of knowledge and intent.

How a Digital Forensic Expert Can Help the Defense

In platform-based and peer-to-peer cases, digital forensic evidence is often central to the prosecution’s theory. A qualified forensic expert can analyze platform behavior, account access, and device activity to test the State’s assumptions.

A forensic expert may assist by:

• Analyzing platform logs, access records, and timestamps
• Determining whether files were cached, previewed, or temporarily stored
• Reviewing cloud synchronization settings and shared-folder permissions
• Evaluating whether links, previews, or embeds were mistaken for file possession
• Assessing whether third-party access or account compromise occurred
• Reviewing law enforcement forensic methods for errors or unsupported conclusions

Common Platform-Based Defense Scenarios

The following hypothetical scenarios illustrate issues that frequently arise:

• A Discord server role allows access to content without downloading or saving files
• Google Drive automatically syncs a shared folder to a user’s device
• A Twitter (X) link preview is mistaken for file possession
• Multiple users access the same account or device
• Platform data is attributed to an account without proof of user control at the time

These scenarios often raise reasonable doubt as to knowledge, intent, and attribution.

Search & Seizure Issues in Platform-Based Cases

Cases involving these platforms frequently lead to search warrants based on account data or IP logs. Warrants may be challenged when they rely on incomplete platform information, fail to establish user control, or authorize overly broad seizure of digital devices and accounts.

Experience Handling Platform-Based Defense Cases

Tara Breslow has experience defending individuals charged in cases involving peer-to-peer software and modern digital platforms, including Discord, social media, and cloud-based services. Her approach includes working with forensic experts, reviewing technical evidence, and raising statutory and constitutional challenges where appropriate.

What To Do If You Are Under Investigation

If an investigation involves digital platforms or cloud services, do not speak to law enforcement, do not consent to searches, and do not attempt to delete accounts or data. Contact a defense attorney immediately.

Contact a New Jersey Peer-to-Peer and Platform Defense Lawyer

Law Office of Tara Breslow-Testa
Serving Monmouth County and all of New Jersey
Phone: 732-784-2880
Confidential consultations

Many child pornography investigations begin long before formal charges are filed. Early legal guidance can prevent missteps, limit the scope of searches, preserve defenses, and reduce long-term consequences. Statements made early in an investigation often shape the outcome.

Related resources include our pages on Distribution of Child Pornography Defense, Search & Seizure in Digital Investigations, and Peer-to-Peer / Accidental Download Allegations.