I believe in all US jurisdictions the browser cache is not considered to be evidence of intent.
Nobody gets convicted because of their browser cache, at least in the US.
The moral of that story, kiddies, is that if you are going to do kiddie porn, hide it in your browser's cache!
If a cop catches you on (1), you're nailed. If (2), then you're humiliated. You just can't win.
See, we've all been lied to in Civics class. We'd like to think we're "innocent" until proven "guilty", but that's not how the system works.
Sorry, I expect too much of the human race...
He should get a much more severe punishment, including a massive fine payable to the victim.
Faking this kind of thing should be a 10 year minimum stretch plus a minimum 100,000 dollars payable to the victim.
Or, we should decriminalize the mere possession of bits and bytes on your hard drive. It scares me to think how many may have been nailed for kiddie porn unjustly because someone else planted it -- and was able to keep mouth shut about it.
Law Enforcement should be spending its efforts going after the perverts that create kiddie porn, where it would actually do the poor kids some good. As far as possessing the bits and bytes on your computer, the only requirement should be to delete it. Not go to jail and have your reputation ruined and have your life f***ed up over it.
But I know -- that would make too much damned sense.
Double-plus good, my brother.
how many governments get rid of "undesirables" by planting child porn on their computers.
Throwing a baggie of pot behind your toaster is just so passé these days...
I have reason to suspect it happened to a public official in my State, once. Someone mysteriously reported kiddie porn on his laptop. How would someone know about that unless that someone put it their himself?
What a paranoid society we live in. One person says, "boo", and another's life is ruined.
jurys most of the time are to dumb to think of that.
We need smarter jurys on computers or some to say in the jury room that any one of your can be in the same place for just 1 pron or other pop up.
Smarter juries? Good luck with that.
Yours might be serving up kiddie porn, stolen credit card numbers, or trade secrets right now.
Probably not. But then again, other than my laptop (which I reimage periodically just in case) I don't have any Windows systems running and everything else is as tight as I can make it. No guarantees, of course
Unless the hard drives are encrypted, all bets are off. It's just too easy to boot off of a distro like Knoppix and do anything to the hard drives you want.
For some truly enterprising sickness, how about creating a Bootable Kiddie Porn Distro, which will automatically infect your target's computer with kiddie porn in a way that would fool forensics? Just imagine the level of damage you could do!
Isn't it a lot easier to get child pornography than to get cocaine? If I recall correctly, it doesn't have to be an actual photo to be child pornography: drawings count, and perhaps doctored photos? Never mind the aforementioned 4chan source.
This is true. Lolicon now counts as "child porn" despite the fact no actual child was ever involved. It's just cartoons. Don't ever sketch kiddie porn on a napkin in a restaurant. You could go to jail for a long time for making naughty with your pencil.
So walking around with a bomb strapped to your chest is ok? Or carrying a machine gun into a bank? There have to be limits, silly.
Carrying a gun into the bank should be OK. Using it to rob the bank, on the other hand, is a different matter.
But it would be tough to do that if everyone were open-carrying, anyway. Hello, we can end the cycle of victimhood already.
This is primarily why it should not be illegal just to possess a certain set of bits and bytes on your machine. You can make it so you can fool the best of forensics experts. And most law enforcement who does the analysis simply use lame-brain software to scan for the kiddie porn files.
It would be easy, for instance, to write a virus that would spread to your machine, download kiddie porn, create fake tracks that would fool forensics, and then delete itself without a trace. Can you imagine if something like that got out and infected millions of computers with kiddie porn?
Well, for one, it would probably end this nonsense of destroying people's lives simply because they had the "wrong" files on their computer!
Not to mention nailing people for files on their computer does NOTHING to stop the production of kiddie porn. As always, law enforcement is focusing on the wrong end of the problem. They should be going after the guys who pervert children in making the kiddie porn. Why don't they do this? Oh, I get it -- too much work. Poor kids. Too much bother for Law Enforcement to go after the REAL perverts. Sorry, kiddies.
For large values of one, one equals two, for small values of two.
