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IPFS News Link • Justice and Judges

Viewing child pornography online not a crime: New York court ruling

• The Sideshow
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.


2 Comments in Response to

Comment by Powell Gammill
Entered on:

I suspect in the state of NY there have been many who have been convicted of possessing child porn based solely on files found in temp caches.  Want to bet whether their convictions will be retroactively overturned or expunged? Their rights restored?  Removed from the sex offender lists?  Allowed to sue?

Comment by Powell Gammill
Entered on:

Since this was in the arrested's computer cache and not a file purposely saved by him, that means the outfit he hired to remove a virus infection deliberately viewed his caches. 

In removing viruses you would normally delete any temp caches, and maybe look at file names to figure out what virus it is...but viewing the actual files themselves, especially image files? 

Sounds more like they were deliberately looking for illegal activity as a routine activity on customer's hard drives. 

At the government's bidding?  For a reward?  Would you want to take your PC to those folks...even with nothing to hide...except maybe financial records?  Would you trust such PC techs with your bank account and credit card info?