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Message from discussion Homosexuals celebrate! Viewing child pornography online not a crime: New York court ruling
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Obwon  
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 More options May 16 2012, 8:55 am
Newsgroups: alt.culture.alaska, alt.fan.rush-limbaugh, alt.politics.homosexuality, alt.atheism, nyc.politics
From: Obwon <Ob...@real.com>
Date: Wed, 16 May 2012 08:55:18 -0400
Local: Wed, May 16 2012 8:55 am
Subject: Re: Homosexuals celebrate! Viewing child pornography online not a crime: New York court ruling
On Tue, 15 May 2012 19:16:01 +0000 (UTC), Doug Canner

<inva...@not-for-mail.invalid> wrote:
>On 11 May 2012, "Benny Frank" <bennyfr...@shaw.ca> posted some
>news:f9cfe673ff13b1a186ea3408aaa05042@msgid.frell.theremailer.net:

>> Marist College...a culture dish of liberal disease
>> indoctrination if there ever was one.

>> In a controversial decision that is already sparking debate
>> around the country, the New York Court of Appeals ruled on
>> Tuesday that viewing child pornography online is not a crime.

>> "The purposeful viewing of child pornography on the internet is
>> now legal in New York," Senior Judge Carmen Beauchamp Ciparick
>> wrote in a majority decision for the court.

>> The decision came after Marist College professor James D. Kent
>> was sentenced to prison in August 2009 after more than 100
>> images of child pornography were found on his computer's cache.

>> Whenever someone views an image online, a copy of the image's
>> data is saved in the computer's memory cache.

>> The ruling attempts to distinguish between individuals who see
>> an image of child pornography online versus those who actively
>> download and store such images, MSNBC reports. And in this case,
>> it was ruled that a computer's image cache is not the same as
>> actively choosing to download and save an image.

>> "Merely viewing Web images of child pornography does not, absent
>> other proof, constitute either possession or procurement within
>> the meaning of our Penal Law," Ciparick wrote in the decision.

>> See a copy of the court's full ruling on the child pornography
>> decision.

>> The court said it must be up to the legislature, not the courts,
>> to determine what the appropriate response should be to those
>> viewing images of child pornography without actually storing
>> them. Currently, New York's legislature has no laws deeming such
>> action criminal.

>> As The Atlantic Wire notes, under current New York law, "it is
>> illegal to create, possess, distribute, promote or facilitate
>> child pornography." But that leaves out one critical
>> distinction, as Judge Ciparick stated in the court's decision.

>> "[S]ome affirmative act is required (printing, saving,
>> downloading, etc.) to show that defendant in fact exercised
>> dominion and control over the images that were on his screen,"
>> Ciparick wrote. "To hold otherwise, would extend the reach of
>> (state law) to conduct—viewing—that our Legislature has not
>> deemed criminal."

>> The case originated when Kent brought his computer in to be
>> checked for viruses, complaining that it was running slowly. He
>> has subsequently denied downloading the images himself.

>> http://news.yahoo.com/blogs/sideshow/viewing-child-pornography-
>> not-crime-according-york-court-165025919.html

>Of course he wouldn't.  No liberal professor would ever view child porn.  
>Right?

>http://www.dukechronicle.com/article/lombard-gets-27-years-child-sex-...
>e

>Former Duke employee Frank Lombard was sentenced to 27 years in prison
>for child sex charges Monday.

>Previously the associate director for the Health Inequalities Program at
>the Center for Heath Policy, Lombard was sentenced in a Washington, D.C.
>courtroom this week after pleading guilty in December to sexual
>exploitation of a minor—a charge that carries a maximum sentence of 30
>years, WRAL reported Tuesday.

>The former professor was arrested in June during an Internet sting
>conducted jointly by the FBI and the Metropolitan Police Department for
>the District of Columbia’s Child Exploitation Task Force.

>According to an affidavit filed by the undercover officer, Lombard
>offered the officer the opportunity to have sex with his five-year-old
>adopted son in an online chat. In his plea deal in December, Lombard
>also admitted to live streaming pornographic images of himself and his
>son on the Internet, the (Raleigh) News & Observer reported Tuesday.

>Lombard, an employee at Duke for 10 years, was placed on administrative
>leave by the University soon after his arrest and was fired in July.

  The court did not rule against the "live" evidence,  they
merely ruled that,  material that could wind up on a
computer without your consent,  could not be used to support
a charge,  all by itself.  

Don't you wonder what they'll find if you take your computer
in for service?  Suppose they run file recovery software on
your computer?  Pulling up files that perhaps the previous
owner deleted and thought they'd wiped.  Without this
ruling,  anyone who owns a computer could probably be
charged with child porn possession,  even without being the
least bit interested in it.  


 
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