New York court rules; viewing child pornography online is not a crime

[Deleted]

isnt that thing cleaned every time you delete history, cookies and etc?

You can choose yourself when you'd like to clear your cache. And I personally don't delete my history or cookies.

[Digglett]

Have you ever looked in your cache folder? I think you would be surprised at what you see in there.

Mine is pretty awful due to what certain people send me. AHEM. I'm just as guilty...

[Xanjori]

It only takes one guy who doesn't understand or one guy on a crusade. Look at what kind of shit that has actually been considered or become law and tell me that you have faith in the system?

Are your juries not checked? Surely its pretty easy to filter out people who have some relevant internet knowledge and arent on a crusade. If you have reasonable grounds to suspect one juror of being unable to remain impartial you can have them dismissed.

I mean a lot of your objections are "But what if the judge/jury is retarded?" Surely thats not a reasonable objection, I mean otherwise you would never be willing to go to court for anything due to the jury possibly being thick as pig shit and giving you a mis-trial.

[JohnBrown1917]

Are your juries not checked? Surely its pretty easy to filter out people who have some relevant internet knowledge and arent on a crusade. If you have reasonable grounds to suspect one juror of being unable to remain impartial you can have them dismissed.

I mean a lot of your objections are "But what if the judge/jury is retarded?" Surely thats not a reasonable objection, I mean otherwise you would never be willing to go to court for anything due to the jury possibly being thick as pig shit and giving you a mis-trial.

If the person does not have any cp on his computer, its close to impossible to prove it was his intent to see those pics.

So why bring him to court in the first place?

[Skelington]

Mine is pretty awful due to what certain people send me. AHEM. I'm just as guilty...

You are more guilty than Skelington. It's because of you that he has been twisted so!

isnt that thing cleaned every time you delete history, cookies and etc?

Everything your computer does is recorded though, isn't it?

[zeroskillz1]

well that is pretty stupid.

[Fojos]

no you misunderstand if I take a real CP and digitize it as a cartoon where technically it would look like a cartoon but it is obviously depicting a very life-like child then yea...thats illigal. But if you got something like this... then it is a grey area because it is just a comic book and fiction. I think until now only one man was charged because of lolis and the case was dropped because they were obviously not real CP.
(the pic is just a regular fully clothed anime girl, dont worry)

Then it's simply different where you live. In many places they have implemented laws that completely ban anything alike lolicon, if that picture was nude, it would be completely banned (the question would be whether she was depicted as a child or an adult, not how realistic it looks).

"Any images or videos that depict children in a pornographic context are to be considered child pornography in Sweden, regardless of how realistic or abstract they are." One example.

---------- Post added 2012-05-13 at 04:41 AM ----------

In countries where loli is illegal, has anyone ever been arrested for having only loli on their computer?

All the articles I've found are of people who have both loli and real child pornography.

I personally think loli is disgusting but I'd like a better understanding of the legality.

http://www.thelocal.se/27984/20100725

[Toho]

Then it's simply different where you live. In many places they have implemented laws that completely ban anything alike lolicon, if that picture was nude, it would be completely banned (the question would be whether she was depicted as a child or an adult, not how realistic it looks).

"Any images or videos that depict children in a pornographic context are to be considered child pornography in Sweden, regardless of how realistic or abstract they are." One example.

---------- Post added 2012-05-13 at 04:41 AM ----------



http://www.thelocal.se/27984/20100725

Oh really?
well, according to the Law you are now viewing child pornography.


anyone else got a boner?

[This name sucks]

Oh really?
well, according to the Law you are now viewing child pornography.


anyone else got a boner?

took me a second to realize that your picture was the simpsons.

[Yoshimiko]

How do you accidentally view more than 100 images of child porn is my question.

Never been on 4chan?

[drwelfare]

Are your juries not checked? Surely its pretty easy to filter out people who have some relevant internet knowledge and arent on a crusade. If you have reasonable grounds to suspect one juror of being unable to remain impartial you can have them dismissed.

They can exclude someone for something that would sway their judgement like knowing a party involved, and each side gets to strike a certain number or jurors without any reason, if your jury pool is overall not savvy or favorable to what your saying then your options become limited.

[Huike]

Never been on 4chan?

If you go to a website where you can 'accidently' view child pornography and you continue to do so then you are worthless and deserve to go to jail.

[Yoshimiko]

If you are on a website where you can 'accidently' view child pornography and you continue to do so then you are worthless and deserve to go to jail.

You could accidentally view it here. You could accidentally view it on ANY site that allows direct picture linking. Does that make everyone here worthless and deserving of jail time?

[Digglett]

If you go to a website where you can 'accidently' view child pornography and you continue to do so then you are worthless and deserve to go to jail.

So because some asshole posts child porn on an anonymous board it's your fault and you should go to jail for that? Is that what you're saying?

[Huike]

I'm saying that people know where child pornography is posted. It is not easy to 'accidently view child pornography'. If you see child pornography on a website why the fuck would you go there again? It says something about everyone who visits that website.

[slackjawsix]

Maybe it was just a guy that sucked at computers "MUST CLICK" ?

Anywho, one time my brother back when we were kids (Like 10 years ago or so) got some porn on the PC by mistake. One of pictures was called Big melons, ofcourse back then we smilled and laughed at it only. Could be thats what happend for him.

Anywho, seing pictures should be Illegal, dosent matter how much you see it. Its like seing a person being abused, hurt etc, would you look at that, and not find it to be Illegal in some way? Ofcourse you seing a picture on the internet by mistake isent, but if you go into threads that has that risk you do something wrong.

The only way you would know if there was a risk if u did research on the site before clicking on it

[BananaHandsB]

The title of this post is exactly something the media would do to get more attention.

This protects the average joe who might have had a pop-up, or stumbled upon a page of child porn, without intent, from being prosecuted for child pornography crimes. Do you really think someone should go to jail over a pop-up?

And let's be real, any1 looking at child porn is not going to look at the same cached image over and over on the slim chance that they might be able to avoid prosecution. There's much easier ways to stay hidden, making that method simply ridiculous and not something that needs controlling by our government. It's not just innocent kids being hurt by this, but innocent people being convicted wrongfully. This protects the latter, with an unbelievably small hit to the prior.

---------- Post added 2012-05-14 at 09:24 PM ----------

I'm saying that people know where child pornography is posted. It is not easy to 'accidently view child pornography'. If you see child pornography on a website why the fuck would you go there again? It says something about everyone who visits that website.

A lot of things are "easy" to avoid, but that doesn't mean they don't happen accidentally. You cannot make laws that only apply 99% of the time or less. They need to work 100% of the time. Control without 100% confidence leads to innocent people getting screwed over, and the government itself committing crimes, making the system defeat it's own purpose. If you don't have 100% confidence in your law, rulings like this need to exist to account for the select situations where said law does not apply as intended.

[Skelington]

I'm saying that people know where child pornography is posted. It is not easy to 'accidently view child pornography'. If you see child pornography on a website why the fuck would you go there again? It says something about everyone who visits that website.

Why would Skelington never go on 4chan again because an image of child porn pops up once a in a blue moon? There's more to the site than that, contrary to popular belief. If Skelington posted child porn here and you just so happen to see it, would you never come to this website again, despite the repercussions he would face for posting it?
The same goes for many other forums or boards or whathaveyous.

[Digglett]

I'm saying that people know where child pornography is posted. It is not easy to 'accidently view child pornography'. If you see child pornography on a website why the fuck would you go there again? It says something about everyone who visits that website.

It's easier than you think. It doesn't happen all the time, the thing is I'll continue to go to 4chan because I like to, I'm not actively searching child porn, the few times that its posted makes me sick, but one idiot every so often isn't stopping me from going to a site I enjoy. It's not like 4chan's sole purpose is child porn, if that was the case this would be an entire different issue.

[v2prwsmb45yhuq3wj23vpjk]

I'm saying that people know where child pornography is posted. It is not easy to 'accidently view child pornography'. If you see child pornography on a website why the fuck would you go there again? It says something about everyone who visits that website.

You're pretty naive/new to the internet I guess. I've never been to 4chan and I've seen at least a couple pictures by accident on forums I've frequented.

Also, search engines are peculiar things. The difference between "banana cream pie" and "banana creampie" is very small when you're typing it but very large when you're searching it.