New York state court of appeals: Viewing kiddie porn online is legal!

[[Seed Eater]]

[QUOTE=faze;35880821]So some kid modeling in a thong and a hand bra is totally ok?[/QUOTE]

No, but what I'm going to say here is that that's not the majority of the problem. Some creep taking pictures of that is far preferable than some guy raping some little girl. I'd focus more on the latter than the former for now, since that's where real damage comes from.

[Curls]

[QUOTE=Mingebox;35881867]Yeah, whatever J!NX. Or should I say,[I] Fondles C. Molestington[/I]?[/QUOTE]

shh dont let fp know

[sp] lol wtf[/sp]

[SilverKnight]

Sounds dumb but i really thinkg posessing something (File\physical format) Should be different than stuff in a web cache. Otherwise potentially alot of people could be in trouble from visiting the dark spaces of the internet, intentionally or unintentionally although you could argue that since it was in the persons cache, it's a file anyway.

[Sector 7]

[QUOTE=faze;35880239]What the actual fuck, seriously?[/QUOTE]

Did you even think about the implications of this decision?
Lets say you're browsing 4chan and someone posts child porn in a thread.

Before this precedent, merely seeing (not even - merely loading) that image would make you a felon and a sex offender.

[[Seed Eater]]

[QUOTE=Sector 7;35882666]Did you even think about the implications of this decision?
Lets say you're browsing 4chan and someone posts child porn in a thread.

Before this precedent, merely seeing (not even - merely loading) that image would make you a felon and a sex offender.[/QUOTE]

Actually, there would need to be evidence that it was intentionally viewed and that you knew how to access it in your internet files in order for it to be considered possession. This isn't really a gorundbreaking case, most states already have viewing it legal, the main issue was whether temporary internet storage is possession.

[Mugofdoom]

Good. Simply viewing something illegal should never be illegal.

[Madman_Andre]

[QUOTE=Boxbot219;35880292]In case anyone comes in here to say how horrible this is, keep in mind this is setting the difference between viewing child porn and actually possessing it.

Basically this is the sort of thing that would have prevented every case were somebody who accidentally came across child porn and reported it ended up getting in trouble with the law anyways.[/QUOTE]

Fun fact, in the U.S. military, according to regulation you are supposed to report this kind of stuff to your local authorities, chain of command, JAG, etc. However, if you do so, you'll be charged for posession of CP and brought up on UCMJ, [I][B]also [/B][/I]according to regulation.

So you're fucked either way if you are in the Military in regards to this. :v:

[JerryK]

he had hundreds of it in his cache, as it says in the very first sentence of the article

i guess he just accidently visits CP sites a lot

[butre]

[QUOTE=JerryK;35884413]he had hundreds of it in his cache, as it says in the very first sentence of the article

i guess he just accidently visits CP sites a lot[/QUOTE]

it's not unheard of for some troll to make a big CP dump before they get banned on some forums.

[Peachy]

Good.

[QUOTE=JerryK;35884413]he had hundreds of it in his cache, as it says in the very first sentence of the article

i guess he just accidently visits CP sites a lot[/QUOTE]
If you went to /b/ on a constant basis, those could stack up pretty quickly.

[Red scout?]

People are rating this winner? I hope that's just sarcasm because this is sickening and wrong. Pedophiles should be thrown in jail and the keys tossed in a river. I dont care if it frames the unfortuante who accidentally comes by it. All pedophiles NEED to be stopped and put to justice. Those unfortunate enough are what I would call "Collateral damage" but we have to take such into account when battling these inhuman monsters.

[JerryK]

he was a professor, who apparently wasn't very tech savvy, and claimed that someone else "put the CP there"

i really doubt he was visiting a forum and stumbled upon over a hundred pics of CP

[Peachy]

[QUOTE=JerryK;35885226]he was a professor, who apparently wasn't very tech savvy, and claimed that someone else "put the CP there"

i really doubt he was visiting a forum and stumbled upon over a hundred pics of CP[/QUOTE]

Your cache doesn't ever dump unless you manually do it. If i hadn't ever manually dumped, I could theoretically have thousands of CP photos.

[sir whoopsalot]

[QUOTE=Red scout?;35885159]People are rating this winner? I hope that's just sarcasm because this is sickening and wrong. Pedophiles should be thrown in jail and the keys tossed in a river. I dont care if it frames the unfortuante who accidentally comes by it. All pedophiles NEED to be stopped and put to justice. Those unfortunate enough are what I would call "Collateral damage" but we have to take such into account when battling these inhuman monsters.[/QUOTE]

Oh hey, it's Red scout! I was wondering when you would show your ugly mug.

[ADT]

[QUOTE=Boxbot219;35880292]In case anyone comes in here to say how horrible this is, keep in mind this is setting the difference between viewing child porn and actually possessing it.

Basically this is the sort of thing that would have prevented every case were somebody who accidentally came across child porn and reported it ended up getting in trouble with the law anyways.[/QUOTE]

I remember of an article, that was posted in Facepunch, about a father who found CP on the Internet and wanted to report it to the authorities.

He got charged for just viewing it and lost the custody of his child.

[Dori]

[QUOTE=Mr. Smartass;35885262]Your cache doesn't ever dump unless you manually do it. If i hadn't ever manually dumped, I could theoretically have thousands of CP photos.[/QUOTE]

uh

[Big Dumb Patriot]

[QUOTE=TheFishyG;35880268]this sounds like a fairly sensationalist title and story[/QUOTE]

Not really. This is actually pretty important. Nearly all American law is defined by legal precedence. From now on, any cases involving child pornography will refer to this case's ruling, if it applies. In fact, it could apply to [I]any[/I] case involving the use of a computer to access illegal materials. This ruling is monumental for the continued development of internet law. It sets a precedent that accessing and viewing any illegal material is not the same as possessing it, and so you cannot be prosecuted as if you did possess it.

While I'm sure this precedent will continue to be defined in upcoming cases, it's still an important ruling for internet freedom in general. It protects the user from being prosecuted for accidentally accessing illicit material, for instance. If you've ever been to an image board and accidentally viewed an illegal image, it would go into your cache and be stored without any consent from you on the matter. Were you computer then confiscated for any reason, that stored image could be used to label you a criminal.

In summary: I disagree! This isn't very sensationalist at all! It's actually a very important precedent!

Still, it didn't help this perv. Thirteen thousand images of intentionally saved child porn was pretty damning, and still quite illegal!

[Boxbot219]

[QUOTE=Red scout?;35885159]People are rating this winner? I hope that's just sarcasm because this is sickening and wrong. Pedophiles should be thrown in jail and the keys tossed in a river. I dont care if it frames the unfortuante who accidentally comes by it. All pedophiles NEED to be stopped and put to justice. Those unfortunate enough are what I would call "Collateral damage" but we have to take such into account when battling these inhuman monsters.[/QUOTE]

I'm certain you would totally stick to these principles if you ever had the misfortune of having a troll dump CP on your computer in the form of a tga file by using a spray in a source game.

[gamefreek76]

That's peculiar. Not quite sure what to think about this case.

[Peachy]

[QUOTE=Sanius;35887111]uh[/QUOTE]

Every image you ever see online ever is put in your cache. That means that if on a forum, someone starts spamming CP images, they all end up getting copied to your cache.

[Dori]

[QUOTE=Mr. Smartass;35887754]Every image you ever see online ever is put in your cache. That means that if on a forum, someone starts spamming CP images, they all end up getting copied to your cache.[/QUOTE]

yeah I'm just saying that if you visit sites where that's likely to happen maybe you should stop

[Murk]

[QUOTE=Sanius;35887786]yeah I'm just saying that if you visit sites where that's likely to happen maybe you should stop[/QUOTE]

I'm pretty sure it happened a few dozen times on FP already

Maybe you should stop coming here.

[ViralHatred]

A judge in the UK would have ruled exactly the same way since we have "Mens Rea" that means a person can have cached images dismissed.

(Kept it simple since I don't fancy typing up a huge post)

[Legend286]

[QUOTE=Mr. Smartass;35887754]Every image you ever see online ever is put in your cache. That means that if on a forum, someone starts spamming CP images, they all end up getting copied to your cache.[/QUOTE]

It's not like you can't clear your cache though.

[JerryK]

[QUOTE=Murkrow;35887821]I'm pretty sure it happened a few dozen times on FP already

Maybe you should stop coming here.[/QUOTE]

i've never seen it happen

stop being pedophiles and there won't be an issue

[ViralHatred]

[QUOTE=JerryK;35888290]i've never seen it happen

stop being pedophiles and there won't be an issue[/QUOTE]

I've seen CP twice on FP in the past 6 years.

[Desuh]

[QUOTE=Mr. Smartass;35887754]Every image you ever see online ever is put in your cache. That means that if on a forum, someone starts spamming CP images, they all end up getting copied to your cache.[/QUOTE]

You can disable your cache or make it clear every time you close your browser.

[Dori]

[QUOTE=Desuh;35888439]You can disable your cache or make it clear every time you close your browser.[/QUOTE]

it will still be on your hdd

[JerryK]

[QUOTE=ViralHatred;35888420]I've seen CP twice on FP in the past 6 years.[/QUOTE]

you're doing something wrong

and if you stumble upon CP by accident then there's no reason you can't clear your cache

[editline]9th May 2012[/editline]

[QUOTE=Sanius;35888454]it will still be on your hdd[/QUOTE]

at that point it's pretty obvious you tried to get rid of it and a story of you stumbling upon it by accident is much more reasonable

[Legend286]

[QUOTE=Sanius;35888454]it will still be on your hdd[/QUOTE]

Which you can also clear it from if you know what you're doing.