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i read the entire article before i posted it here. thanks bro
If that were true you would realize that this is to stop people from getting arrested for unintentionally having this stuff on their computers
 

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Discussion Starter · #5 ·
If that were true you would realize that this is to stop people from getting arrested for unintentionally having this stuff on their computers
ok i'm being dishonest.....right....YOU CAN LEGALLY LOOK AT CHILD PORN IN NEW YORK YOU JUST CAN'T "DOWNLOAD" IT. yeah i know what i read dude and i didn't....DID NOT miss anything ........thank you and have a nice day
 

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i read the entire article before i posted it here. thanks bro
Someone hacks this site and put child porn on it. You visit the site and quickly leave. You go to jail for having child porn on your computer in the browser cache.

Sound better?
 

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Discussion Starter · #7 ·
Someone hacks this site and put child porn on it. You visit the site and quickly leave. You go to jail for having child porn on your computer in the browser cache.

Sound better?
they are saying you won't go to jail for "coming across" it. this leaves the door open to poeple who will now purposely "come across" it and just not save it. thus you can look at it and get away with it.
 

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they are saying you won't go to jail for "coming across" it. this leaves the door open to poeple who will now purposely "come across" it and just not save it. thus you can look at it and get away with it.
It doesn't say anything about "coming across" it or any other reason why someone might have it. The decision is only an interpretation of the law as it is written in the penal law and the law does not say that viewing it is illegal. Not defending purposefully looking at kid porn but all the court can do is interpret whether or not a law was violated as it is written. They'll have to amend the law if they want it changed to make viewing illegal and, for the reason I posted above, I think it should have to be intentionally viewed.
 

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No where in the law does it say that viewing child porn is illegal. Do you want NY to start enforcing laws according to what is written or what someone else feels is right or wrong?
 

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I think what the OP is trying to say is how many unintentional images in the cache does there need to be before they consider it intentional. Stumbling across something of that nature on the internet definitely should not land you in jail, but actively searching for such disgusting content to view, should be a crime. I am not saying that NYS should be monitoring everyones internet traffic.
 

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I think what the OP is trying to say is how many unintentional images in the cache does there need to be before they consider it intentional.
Based on that article I don't think it matters how many, as long as they are only in your internet cache. Thats how I read it at least.
 

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I think what the OP is trying to say is how many unintentional images in the cache does there need to be before they consider it intentional. Stumbling across something of that nature on the internet definitely should not land you in jail, but actively searching for such disgusting content to view, should be a crime. I am not saying that NYS should be monitoring everyones internet traffic.
I know from my time working at an ISP that possession of three or more pictures showing someone under 18 in a sexually suggestive pose, or a picture that focuses on their genitals, regardless if they were nude or not, would trigger the Law. i would anticipate that having more than a few such pictures in your browser cache would indicate to a Judge that you intentionally sought out the material.
But, as with all things, it would depend on the Judge. Some can be rational, some are rabid about such things (I had heard of some Judges throwing nudist parents in prison for having vacation photos of their kids at the beach).

Obviously it's a case of C.Y.A. If you hit a website that has it, immediately disconnect and inform the authorities what you discovered. That you 'did the right thing' would go a long way toward convincing a Judge that it was unintentional.

Edit:

BTW - what makes you think the NY or Fed .gov isn't already monitoring your internet traffic? It may not be real-time, but I garauntee that your ISP has devices in place that can track your history.
 

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Someone hacks this site and put child porn on it. You visit the site and quickly leave. You go to jail for having child porn on your computer in the browser cache.

Sound better?
There were several cases where that has happened (I'll have to dig through Google to find examples when I have more time to do so). In one particular case, a female clicked on a link within a spam email and the next thing she saw was child porn. She called the authorities to report it, that backfired and she wound up being arrested/charged (I believe the charges were later dropped after a drawn out battle).

This reminds me of an Easter Egg in one of the past Grand Theft Auto games - there were "internet cafes" around the city where you could jump on a PC and begin surfing the limited web within GTA. There was a particular child porn ad, if you visited the website on one of the PC's, your "wanted" rating would immediately spike to the maximum and military/swat teams with armored tanks and helicopters would show up to gun you down. You could spend an hour within GTA murdering civilians on the street and fail to achieve that high of a wanted rating. LOL.
 

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It also seems like, at least when I read about articles of people viewing child porn, that the offender is usually caught when making an exchange w/ an officer or via d/l habits, etc. I'm not saying that happens every time, but point being it seems to me that police would go a lil further in making sure you were doing something bad & wrong aside from just simply having a couple pics in a cache folder were found

besides, child porn doesn't kill people, guns do, DUH! LOL
 

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Thing is - all it takes is to misspell a domain name, do a .net instead of a .com, or open up an e-mail from someone- click on a link and you're re-directed to a kiddie porn website.

Once upon a time - whitehouse.com did just that (well - regular porn, no kids... now it just goes to a generic parking page - someone must be holding out hoping the US gov't will buy the domain name for untold millions)... and people clicking on it did so thinking they were going to the White House's official website.

Had whitehouse.com been a hardcore kiddie porn site - a LOT of people would be felons under current child pornography laws. Most people don't know what a cache is in the first place, let alone how to clear it and even fewer know those files can be recovered by an IT forensics person. So the judge's ruling here does make a lot of sense.

Most kiddie porn convictions are because someone was actively seeking kiddie porn, not accidentally stumbling upon it - and they usually have a LOT of it stored on their computer by the time they serve a no-knock warrant.
 

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I know from my time working at an ISP that possession of three or more pictures showing someone under 18 in a sexually suggestive pose, or a picture that focuses on their genitals, regardless if they were nude or not, would trigger the Law. i would anticipate that having more than a few such pictures in your browser cache would indicate to a Judge that you intentionally sought out the material.
But, as with all things, it would depend on the Judge. Some can be rational, some are rabid about such things (I had heard of some Judges throwing nudist parents in prison for having vacation photos of their kids at the beach).

Obviously it's a case of C.Y.A. If you hit a website that has it, immediately disconnect and inform the authorities what you discovered. That you 'did the right thing' would go a long way toward convincing a Judge that it was unintentional.

Edit:

BTW - what makes you think the NY or Fed .gov isn't already monitoring your internet traffic? It may not be real-time, but I garauntee that your ISP has devices in place that can track your history.
I have no doubt in my mind that our internet traffic is watched. I just wanted to make it clear that I wasn't advocating that it be scanned like it would in china. In the artical the ruling came from this

("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.)

IMO dude was actively searching for child porn, so why not be imprisoned? Just because he didn't save it doesn't mean it isn't wrong?
 

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IMO dude was actively searching for child porn, so why not be imprisoned?


Because searching for child porn is not against the law.

Just because he didn't save it doesn't mean it isn't wrong?

It doesn't mean it's illegal either.

It bother me so many people will willfully advocate misinterpretation of the law because it is something they find morally disgusting. I am sure there are people out there that feel moral outrage toward your guns. Should they be allowed this broad brush of legal interpretation and enforcement?
 
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