ny court rules viewing child porn not a crime

Damocles said:
Okay, that was my original knee jerk reaction. Now I see more what they are saying...

What if you are searching the web, clicking links and one of them is that crap. Your image cache will have it, but you didn't seek it out or want it.

Me, I'd report that sh*t immediately if that happened to me...
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with this guy though...i believe it was hundreds...that can't be an accident...
 
Damocles said:
Okay, that was my original knee jerk reaction. Now I see more what they are saying...

What if you are searching the web, clicking links and one of them is that crap. Your image cache will have it, but you didn't seek it out or want it.

Me, I'd report that sh*t immediately if that happened to me...
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D, 'don't talk to the police'. they are not your friend. they no longer give a damn about your 'accident'. they will just arrest you and let the prosecutor/courts sort it out.
 
Yurt said:
i don't even remember which case...but where i've seen it has been in superior court more than appellate. there is a difference when dealing with defendants at the lower level than the upper level and governments. i really believe you're making an issue over something that is really a non-issue. if you read contract cases, the courts often spell out what would have made the contract valid etc....that is the same thing as the court offering advice to the legislature.
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you might be right, because I know very little about contract court. I'm more familiar with criminal courts and I don't recall one case of it, ever.
 
SmarterthanYou said:
D, 'don't talk to the police'. they are not your friend. they no longer give a damn about your 'accident'. they will just arrest you and let the prosecutor/courts sort it out.
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Honestly, if they seek out and get the distributors and makers of child pornography it would be worth that to me. These kids need an advocate. All that we need to do for evil to "win" that battle is nothing.
 
Damocles said:
Honestly, if they seek out and get the distributors and makers of child pornography it would be worth that to me. These kids need an advocate. All that we need to do for evil to "win" that battle is nothing.
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it would be worth you spending 10 years in prison for having child porn on your computer 'accidentally' in the hope that it MIGHT catch a maker?
 
SmarterthanYou said:
you might be right, because I know very little about contract court. I'm more familiar with criminal courts and I don't recall one case of it, ever.
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i think the case i'm thinking of is a california case about life term inmates....iirc...the court essentially crafted a method in which the board could not deny parole, thus, giving the inmates a method to conduct parole hearings. it was a few years ago.
 
Yurt said:
with this guy though...i believe it was hundreds...that can't be an accident...
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heres how it can happen:

some troll on a forum posts a link to some "interesting article"

you click the link, it's a page full of child porn pictures, one after the other, maybe 50 on a page.

They all get cached.
 
Yurt said:
The ruling attempts to distinguish between individuals who see an image of child pornography online versus those who actively download and store such images, MSNBC reports. And in this case, it was ruled that a computer's image cache is not the same as actively choosing to download and save an image.
"Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law," Ciparick wrote in the decision.

See a copy of the court's full ruling on the child pornography decision.

The court said it must be up to the legislature, not the courts, to determine what the appropriate response should be to those viewing images of child pornography without actually storing them. Currently, New York's legislature has no laws deeming such action criminal.

^ that is the main holding and issue.
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Ok, that's a fair ruling then.
 
Capt Billy the Kid said:
heres how it can happen:

some troll on a forum posts a link to some "interesting article"

you click the link, it's a page full of child porn pictures, one after the other, maybe 50 on a page.

They all get cached.
Click to expand...

well holy crapola....the law does need clarification to deal with something like that.
 
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