The Gov't seizes computers and hard drives with this content on it. They present it as evidence. Are they breaking the law by merely possessing the data? If not then aren't we back to the idea that it is not the information or data itself that is criminal, but rather the circumstances it was obtained / created and the intent behind the possession? Circumstances and intent are for courts and juries to assess. Laws are to inflexible to unilaterally consider the complexity of intent.