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Thread: Viewing child pornography is legal in New York

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    Moderator Miss_McKenna's Avatar
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    Default Viewing child pornography is legal in New York

    I mean.... just completely shaking my head here. The fact that this guy not only viewed over 100 child porn images, but then also got himself acquitted at the cost of legalizing the viewing of child porn in New York, just blows my mind.

    http://usnews.msnbc.msn.com/_news/20...urt-finds?lite


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    Default Re: Viewing child pornography is legal in New York

    "a folder on his machine stored about 13,000 saved images of girls whom investigators estimated to be 8 or 9 years old"...

    Statistically, 1 in 3 young girls in America are molested before they reach adulthood. And it’s often by “straight” men who are even married and have children of their own. I always wondered how the fuck seemingly average men well above the age of 30 can be turned on by children -- until I started hanging around different internet message boards where such people discuss their “types” and “physical preferences” in a more anonymous setting.

    Let’s just say the experience has been disturbingly illuminating!
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    Default Re: Viewing child pornography is legal in New York

    Quote Originally Posted by Miss_McKenna View Post
    I mean.... just completely shaking my head here. The fact that this guy not only viewed over 100 child porn images, but then also got himself acquitted at the cost of legalizing the viewing of child porn in New York, just blows my mind.

    http://usnews.msnbc.msn.com/_news/20...urt-finds?lite
    Hopefully the New York legislature will pass a law to eliminate this loophole.

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    Default Re: Viewing child pornography is legal in New York

    I don't read the opinion that way. I think the court said he was not guilty of two counts of "promoting" child pornography. The "promoting" crime requires more than just viewing, but purchasing or organizing child porn. Thus, the court was saying he had to do more than just view to be guilty of "directing." They affirmed 130 or so convictions for illegal viewing under a different statute.

    HTH
    Z

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    Default Re: Viewing child pornography is legal in New York

    I have little problem with this law.

    It's about images getting in your cache. Not downloading and storing child porn files.
    Last edited by The_Adict; 05-09-2012 at 08:20 PM.

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    Default Re: Viewing child pornography is legal in New York

    So in essence.

    Your browsing the internet, and you go onto a web page, there is an image of child pornography. Since you did not purposefully make any effort to keep it in any format........ You don't possess the material.

    Ok. Yeah. I see why they said that.

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    Default Re: Viewing child pornography is legal in New York

    Quote Originally Posted by ArmySGT. View Post
    So in essence.

    Your browsing the internet, and you go onto a web page, there is an image of child pornography. Since you did not purposefully make any effort to keep it in any format........ You don't possess the material.

    Ok. Yeah. I see why they said that.
    Basically. If the image is stored in cache (Browsers store images in temporary files), even without your awareness, you could have been convicted of possession of child porn under NY law.

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    Default Re: Viewing child pornography is legal in New York

    I feel sick just reading the thread title alone. Sick fucks.

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    Default Re: Viewing child pornography is legal in New York

    I don't understand all the technicalities, he viewed child porn voluntarily, his brain operates on a unique wavelength. He is a threat to children. What else is there to understand?
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    Default Re: Viewing child pornography is legal in New York

    how does your computer store images in cache? idk how that works...

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    Default Re: Viewing child pornography is legal in New York

    Quote Originally Posted by miss1dancypants View Post
    how does your computer store images in cache? idk how that works...
    Simple overview:

    When you visit a website, usually the site has content such as images, html, java, videos, audio files, etc. What cache (There is different forms but we're talking about web cache) does is creates temporary files and stores this information in your local hard drive. These is to help when you visit a site (lets say stripperweb) decrease lag and bandwidth as it will now only downloads changed data (IE new images since your last visit), as your previous visits data has already been stored. Your cache is clearly only manually.
    Last edited by The_Adict; 05-10-2012 at 03:04 PM.

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    Default Re: Viewing child pornography is legal in New York

    Quote Originally Posted by The_Adict View Post
    Basically. If the image is stored in cache (Browsers store images in temporary files), even without your awareness, you could have been convicted of possession of child porn under NY law.
    Eh, sort of.

    what it is saying is that at one point the Web Browser accessed a web page. Part of the data on the web page was child pornography. The Cache Memory automatically store everything. This is not to imply that the images were voluntarily stored. Child Pornographers are known to use wholly legitimate web sites to trade if you will. Especially niche hobby sites with low traffic. An astronomy forum for example. There the Pornographers post and swap photos until the Owner discovers the problem and shuts them down.

    So you could be a member of this Astronomy forum. Opening up the page you discover a new thread started with 300 replies. Wow. The title is "New Stars". So you open the thread expecting to find a discussion on a new alien sun. There is 300 replies of Child Pornography. Hundreds of images in the thread. Your PC has saved automatically those images in cache memory.

    What the NY Court is saying. You went there but made no effort to keep any of the images in any medium. Though the images are in cache, you are not "in Possession".

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    Post Re: Viewing child pornography is legal in New York

    Right. Also, if someone merely views a front page with thumbnails to be clicked on for full pictures, the thumbnails are stored in cache and a prosecutor could fairly say that the thumbnails themselves are CP, only smaller in size. To make matters even more muddled, the later versions of both Windows and many web browsers make it so it's quite hard for the layman user himself to know where is the cache or even to look at what files are in it (they're automatically "hidden files" and often stored under system-assigned gibberish names). The average lay user has no idea of how to see the cache content other than try to reload the page that created it, so for practical purposes it's as if he did not have it.

    (OTOH it should be reiterated: (a) an image viewed online first goes through your memory before it is put on your screen and that will involve parking it in a temporary file on your hard drive; (b) even if deleted or "cleared" through the Options tab, that is not erased -- no file is, the system merely removes the "pointer" to the file and unprotects that particular disk sector from further use but until something else is actually recorded on top of that sector, those bits are still there. You'd need a "wipe" utility to get to them.)

    The decision does not really "legalize" accessing CP sites; what it does is it tells the prosecutor/lower court, you made your case under the wrong premise. That specific statute outlaws deliberately downloading and storing images and if you do not control what images are saved to where, and cannot get to the images at will, then you are not in constructive possession. They are making it comparable to the difference between someone showing you their picture of CP and putting it back in their pocket vs. giving you a copy. What's seen can't be unseen but you can't be arrested for a mere memory.

    OTOH, before the pervs get too cocky, there are other provisions of law in play. A law could say someone could still be prosecuted for "causing a CP image to be transmitted" if he did not keep it but there's evidence of deliberately seeking to look at it (e.g. history files and IP logs showing that the person accessed whatever's the CP site, entered the URL or clicked the links with some frequency, indicating this was no accident). But it would be a different crime. As mentioned, they seem to have plenty more to get him on.
    Last edited by Cheo_D; 05-10-2012 at 09:55 PM.

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    Default Re: Viewing child pornography is legal in New York

    omg this is sick

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    Default Re: Viewing child pornography is legal in New York

    Actually it is meant as a Protection of Civil Liberties.

    While the person in question has been found guilty of other crimes relating to Child Pornography, this verdict is written to protect the stupid from themselves. You don't know what links a search engine will put together. In the probabilities are that Child+(search term) could land you on a page with child pornography.

    Viewed is not the same as "In Possession".

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    Default Re: Viewing child pornography is legal in New York

    so basically none of you read the article.


    if i, and this has happened many times, click on something, and realize they are children, i go to the cybertipline website and report it.
    so there are probably things on my harddrive. THAT is the loophole and that is hard to fix.

    now. do i believe that someone put child porn on his computer? no.

    i absolutely believe he is a sex criminal and sometimes sex criminals have accidents and his name and location and crime are now all over the internet. so. sometimes. accidents happen.

    regarding vigilante justice, i'm actually surprised it doesn't happen more often. the idea of sex criminals getting fair trials always seemed a bit barbaric to me. have him meet with the parents of the children of the pictures that somehow magically ended up on his harddrive, and if an accident occurs during the meeting, then it's not that big of a deal.

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