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  1. Default I will be posting this link with absolutely no personal opinions or posts besides OP


    http://news.nationalpost.com/2012/05...l-in-new-york/
    It's not here yet, and it's certainly important to others besides myself, though for different reasons. That is all.

  2. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Makes me ashamed to live in New York -_-

  3. Certified Pimento Bi Male
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    venezuela

    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Weird enough (And don't consider this as me supporting child porn because i don't support that messed up pomegranate), i agree with the court decision.

    Mostly because it was the browser cache, everything from a online page you saw with your browser gets saved in there and after a few days it will be deleted. That includes stuff like emails images and stuff.

    Proving that the teacher entered a child porn site or something showing child porn with the intention to do so its virtually impossible with the images of the cache alone because he could have been victim of a rickroll-esque type of prank or some weird email prank sending him to that page with the images, and the browser would save the images regardless.

  4. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    I guess this article lacks info to make an accurate claim. But I can see where the judges are coming from. I mean, I wouldn't like to get a charge of CP due to a file that got saved due to some poor sob in the internet that decided to plaster a pic of that somewhere.

  5. Donator Straight Male
    IGN: ShinkuDragon HoukaPhoenix BoshokuRaven
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    panama

    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    or browsed 4chan.
    (being serious here.)

    it's a ruling that opens a lot of problems trying to not screw a few unlucky ones.

  6. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    This.
    Apparently threads on 4chan that are reported for CP log everyone who even CLICKED on the threads.

  7. Donator Straight Male
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    panama

    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    not to mention that if the OP/latest posts actually have a picture, it will download on your computer wether you click it or not, but yea.

    i rarely browse there nowadays, but it's still dangerous stuff that can pop out anytime, especially at the odd times i'm awake ~_~

    but we're going off-topic i believe.

  8. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    It's a good decision. If some random bot came in here and posted CP and you clicked the thread before a mod could delete it, you wouldn't want to be found guilty of in possession of CP would you?

  9. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    I really don't think that all "tens of thousands" of the pictures on his hard drive where there because of the "accidents" that you guys describe.

  10. Certified Pimento Bi Male
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    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Thats called speculation, you don't know better and the court didn't know either so it didn't act or do anything based on speculation alone. With the legal system is Hard Cold Evidence or you get the court hammer.

  11. Orbital Bee Cannon
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    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Obviously, which is why the appeals court only dismissed two charges out of 143.
    Still is an important precedent for anyone who only has such pics in their browser's cache directories.

  12. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    I think it's a bad decision for the same reason. Ignorance of the law can't be an excuse, or else there is no way to effectively regulate possession of anything. All you need is for a mule transporting an illegal good to be able to feign ignorance. Limiting the breadth of possession in legal terms makes anti CP enforcement essentially impossible.

    You have to be responsible for the content of your hard drive. The reason why your hypothetical doesn't inspire fear is that you are fully able to delete your cache should you accidentally stumble on CP. Perhaps if the government was constantly scanning everyone's hard drive for even a momentary presence of CP, but it isn't.

    Intent isn't a requirement for possession. The law says possessing CP is illegal. In the context of the consequences yes that is severe. If you let someone use your computer even for a moment, they could leave it in a state that means you broke federal law. But I don't think the alternative is preferable, where CP is as unassailable as any other digital media by the government.

    The judge in this case is saying all the legislature has to do is say "viewing" CP is illegal. But if that was the case you run into the same problem of a defendant saying "but I didn't view it, it's just in my cache because someone else used my computer".

  13. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Not everyone that uses a home computer for internet-based activities and/or browsing knows how to clean their cache. You're implying that even seeing a single picture of child pornography is grounds for jail time, even if it's accidental. Which is outright stupid. Granted this may open a few doors for some pedophiles to attempt to get away with their actions, I still think this is better than the guilty until proven innocent mentality.

  14. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    I'm not implying anything about the quantity (or for that matter, definition) of CP necessary to violate the law, that's statutory.

    Not everyone knowing something is a pretty crappy reason not to enforce a law.

    It's not guilty until proven innocent, the law says you can't possess it. You either do or you don't possess something. You can possess something and not KNOW you do, and I don't think that should absolve someone of guilt for the reasons I described. The problem I'm pointing out with this decision is that it calls into question what counts as possession beyond the point of it being a useful legal concept for any kind of enforcement.

    The idea that all you have to do is store your CP in your cache to be safe is what's damning here.

  15. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Allow me to direct you to a post that was made earlier in the thread;


    It's great and all that you have such a strong standpoint on the matter, but what if you're the one caught in that situation? Would you be so happy that possession of it PERIOD lands you a jail cell? I don't think so. Quit acting as though every person out there with one wrong click of the mouse is a damn criminal.

  16. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Oh my stomach.

    It hurts to laugh...please spare me.

  17. Certified Pimento Bi Male
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    Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    You can't measure computer related stuff with the same bar you use it for real life stuff.

    Computers do so many thing behind the screen that you can't really put 100% of the blame to the user of the computer. If by clicking on a wrong link or downloading anything can get you to download another file that you will barely notice that will infect your computer and make it do lots of crazy things it could also mean that any motherpineappleer that is bored enough to make a virus that make your computer download CP without you ever noticing it until its too late.

    Would you still say that kind of "Possesion" its still ground for unjustly sending someone to jail? No just no.

  18. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    No one's claiming ignorance of the law. There could be CP on this very page and you wouldn't know about it. Now your cache has CP in it. Not everything loaded on the page is displayed. Think of something like a spoiler tag without the button. It's very easy to do.

  19. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    Thought I had seen it all by now

  20. Default Re: I will be posting this link with absolutely no personal opinions or posts besides


    I think its swell how you guys can be all understanding for people who inadvertently have CP in their cache but didn't intend to. But you're missing the point here. Without possession applying to files stored on your hard drive in legal terms, there is no way to enforce anti CP laws. All it takes is the accused storing his voluminous collection in the cache and pleading ignorance for him to be 100% not guilty based solely on this precedent. Furthermore, it's not absurd that the anti CP law can be written so that individual files in the cache are insufficient to convict someone on the charge. The law can be flexible too, but I feel the need to reiterate: with this decision any enforcement can be evaded at low cost to the criminal.

    Innocent people getting brought up on charges (ie not even convicted) < CP going free

    I would explain the hoops events must've gone through for that result to occur. Really, I just would've cleared my goddamn cache if I suspected the FBI was going to seize my computer. It's something I do regularly enough anyway. This is not an important enough reason to be unable to enforce anti CP laws AT ALL on computers. Which I will continue to impress on you.

    Well, here's your alternative right here. The law in New York state now has a precedent absolving CP viewers, collectors, and probably producers who have the foresight to store their collection in cache. But don't worry, at least innocent people won't be bothered. Unless they're children.

    Lack of a perfect enforcement mechanism doesn't mean certain actions shouldn't be legislated against. But that is exactly the trade-off if you prefer this decision.

    You're right, I meant ignorance of your possessions.

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