This editorial by Chris Soghoian is very convincing:
While NCMEC was created by Congress, is mostly funded by the US government (and in particular, the Department of Justice), and plays a key role in assisting the FBI in its fight against child pornography, the organization isn't part of the US government. It is, instead, is a non-profit, and thus not subject to the Freedom of Information Act, the Privacy Act, or limited by constitutional protections guaranteeing free speech, due process and freedom from unreasonable search and seizure.
It is therefore, in effect, an arbiter without oversight whose edicts are enforced by 'obstructing justice' sorts of charges. I suspect that the agency was created because of a lack of equivalent talent within the Justice Department, and I would also bet that salaries of the technical experts are way off the GS schedule. Not that they shouldn't be, which speaks to some other matters of reform, but here is a technical facility that has a bit too much clout.
Integrate it.
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