BALTIMORE, MD, August 02, 2012 (Press-News.org) The New York Court of Appeals carved out a rather large exception when it ruled that a man could not be accused of certain child pornography charges because he did not "possess" the images - he'd viewed them online. And in early 2011, the Oregon Supreme Court similarly ruled that viewing images on a website did not equate to "possession."
These cases suggest that in order to show possession of files or images, prosecutors must prove that a defendant downloaded, saved, or printed them. Images or files discovered in a defendant's browser cache will not be enough to show possession of child pornography.
The distinction here sheds light on a problem arising in courts of law across the country, wherein judges are tasked with deciding what it means to actually "possess" a file in the digital age.
Since the Web is as much about browsing as it is about purchasing and downloading, is the idea of "possessing" a file outdated?
Web users now have instant, always-on connections. This, along with the general trend toward mobile and cloud computing, is having a tangible impact on the antiquated practice of downloading files for local storage.
Regarding the cases described above, note the difference between simply browsing versus intentionally downloading. A successful download allows the user to sell or transfer the material on their own - which can lead to charges for possession or distribution of child pornography. (Also: note that state and federal law differs on this topic. Federal law, for instance, prohibits online viewing.)
We're at the beginning of the debate on what's legal and illegal when it comes to computers and pornography. Recent cases suggest that it's only a matter of time before the state legislature in Maryland, as well as lawmakers in other states, are forced to take a closer look at how the law impacts our activities online.
Advocates of a free and unrestricted Internet seem to favor that, within reason, fewer activities fall within the scope of Internet crime as opposed to more. We'll have to wait and see whether lawmakers overreact.
The Maryland criminal lawyer at The Law Offices of James E. Crawford, Jr. & Associates, LLC defends clients against all types of crimes, from misdemeanors like shoplifting, to felonies like drug distribution and sex offenses. Their firm also represents clients in Baltimore divorce and Baltimore accident injury cases. People in Maryland have relied on the Law Offices of James E. Crawford, Jr. & Associates, LLC since 1992. To contact James Crawford, Esq. or a member of his legal team, call 866-635-0623, or visit http://www.crawforddefenseattorney.com/ for more information about his criminal law practice.
Current Web properties by The Law Offices of James E. Crawford, Jr. & Associates, LLC to help you with your specific legal issue:
Criminal Defense: http://www.crawforddefenseattorney.com
Criminal Defense Blog: http://www.baltimorecriminallawblog.com
Family Law: http://www.crawforddomesticmd.com
Personal Injury: http://www.mymarylandinjurylawyer.com
YouTube Channel: http://www.youtube.com/user/JamesCrawfordLawFirm
Locations:
The Law Offices of James E. Crawford, Jr. & Associates, LLC
1435 Sulphur Spring Road
Baltimore, MD 21227
Phone: 443-701-4525
The Law Offices of James E. Crawford, Jr. & Associates, LLC
802 Ingleside Ave
Catonsville, MD 21228
Phone: 443-701-4525
Gray Area on "Possessing" vs. "Viewing" Creates Porn Ambiguity
Recent computer pornography cases suggest that it's only a matter of time before state legislatures are forced to take a closer look at how the law impacts our activities online.
2012-08-02
ELSE PRESS RELEASES FROM THIS DATE:
Dnt Txt N Drv: Keeping Teen Drivers Safe in Florida
2012-08-02
It's no secret that texting while driving is dangerous. Distracted driving causes devastating accidents, prompting the National Highway Traffic Safety Administration to recommend all states ban the use of phones in vehicles entirely. At least 35 states have already enacted prohibitions on texting while driving, but not Florida.
Efforts to enact a texting ban in Florida have failed several times, most recently in 2012. Observers say the Legislature views a ban on texting as an unwanted government intrusion into a personal decision. The lack of a ban leaves drivers free ...
Bike Sharing Raises Helmet Issue
2012-08-02
New York is not alone in promoting bicycle riding through a bike share program. In fact, New York is coming rather late to the party. Many other cities, including Washington, D.C., Chicago, Denver, Des Moines, Miami Beach and Minneapolis, have established programs for bicycle sharing. European cities such as Paris, Barcelona and London have embraced bike sharing as a way to reduce pollution and traffic congestion.
Sometimes it seems as if there are no downsides to bike sharing programs, which promote health and fitness, are inexpensive for riders and improve air quality. ...
Keogh Crispi Helps Carpenter Receive $1 Million for His Injuries
2012-08-02
The law firm of Keogh Crispi recently facilitated another victory for a client who was injured while working as a carpenter. A personal injury lawsuit was filed in New York County against 1240 First Avenue LLC, the property where the carpenter was working.
On November 9, 2007, the victim was working on a construction project of a new residential high rise apartment building located at 1240 First Avenue (aka 400 E. 67th Street) in New York, NY. While he was working, he was struck by a section of plywood that fell from the floor above him. The plywood fell when another ...
Family Law Appeals in Texas
2012-08-02
Many family law cases do not end in a way that satisfies everyone. Sometimes, both parties are unhappy with the results. If you believe the court made the wrong decision in your case, it might be possible to appeal it. However, there are very specific guidelines that you must follow in order to make an appeal.
Texas family law appeals are complicated and time sensitive. Therefore, it is important to speak with a family law attorney as soon as possible to discuss your case and the options for appeal.
Can You Appeal Your Family Court Judgment?
Simply being unhappy ...
Medical Malpractice: Poor Cosmetic Surgery Results Likely to Increase
2012-08-02
Your chances of obtaining substandard cosmetic surgery may well increase now that far more doctors with questionable training and expertise are performing such procedures. When you factor in the overall aging of the American population, lawyers may soon be filing many more: medical malpractice lawsuits concerning these types of mistakes and injuries.
According to one recent New York Times article, doctors practicing in many different specialty areas who are now receiving "declining insurance reimbursements" are cashing in on the chance to increase their earnings ...
Child Custody Rights for Gays and Lesbians in Arkansas
2012-08-02
Same-sex marriage is against the law in Arkansas. However, this doesn't mean that same-sex couples don't join households, start families and live together as if they were married. It simply means that they do this without the legal protections afforded to heterosexual couples. As a result, child custody matters are more complicated when gay or lesbian parents are involved.
Absent federal action, it is unlikely that this will change anytime soon. Arkansas has a constitutional amendment that explicitly defines marriage as being between one man and one woman. In addition, ...
Legal Options for Help for Injured Construction Workers in NYC
2012-08-02
For construction workers, especially those who work on skyscrapers in cities like New York City, the daily dangers of injury and death are very real. Common threats construction workers face include falling from heights, being struck with objects or equipment and explosions. While it is difficult to know how to proceed after a serious work accident, there are legal options to help injured construction workers recover or manage their pain and suffering, such as workers' compensation benefits and personal injury compensation.
Recent Construction Accidents in NYC
One ...
Florida Supreme Court Case to Impact Thousands of Foreclosure Cases
2012-08-02
When a Florida man bought his home, half of a duplex, in 2006, little did he know that by 2012 this purchase would send him through foreclosure and into a court battle that could dramatically change the way foreclosure lawsuits are handled in Florida.
The man, a construction worker, bought his home near the peak of the United States housing boom for just over $200,000. He put 20 percent down and financed the rest through Bank of America.
When the economic downturn hit the country, the man struggled to find work and began missing his monthly mortgage payments, which ...
Bupa International Launches Short-Term IPMI
2012-08-02
Bupa International has launched a new flexible short-term international private medical insurance (IPMI) policy, called Bupa Flex. The product will allow customers to purchase IPMI, but on a 3-11 month basis and anywhere in between, down to the day they require.
Previously, people moving abroad for less than a year did not have the option to buy a short term IPMI product. Bupa Flex will allow these customers to choose the length of their policy, offering them value for money, as well as access to all the benefits of being one of Bupa's international health insurance ...
Guoman's Cumberland Hotel to Showcase Goldie Exhibition
2012-08-02
Guoman Hotels is to host 'Athleticizm', a new painting exhibition from urban artist Goldie, featuring painting of twelve of the UK's leading athletes.
The athletes include such household names as cycling gold medallist Victoria Pendleton 2009 World Champion triple-jumper Phillips Idowu MBE, European and 2009 World Heptathlon Champion Jessica Ennis MBE, three-time World Champion track cyclist Shanaze Reade, leading field athlete and nine-time National Champion Goldie Sayers, Commonwealth bronze medallist weightlifter Zoe Smith and high-jump hopeful Tom Parsons. The works ...
LAST 30 PRESS RELEASES:
Anxiety and insomnia may lower natural killer cell count, potentially repressing immune function
How parasitic, asexual plants evolve and live
Research spotlight: A subset of patients with depression could benefit from anti-inflammatory treatment
New fully digital design paves the way for scalable probabilistic computing
Membrane electrode assembly design for high-efficiency anion exchange membrane water electrolysis
U.S. debt ceiling disputes show measurable impact on global crude oil markets
Climate extremes triggered rare coral disease and mass mortality on the Great Barrier Reef
Direct observation reveals “two-in-one” roles of plasma turbulence
Humans rank between meerkats and beavers in monogamy ‘league table’
US fossil reveals early mass-burial event and ancient microbial attack
Sedative choice could improve outcomes for breathing tube patients
New superconducting thin film for quantum computer chips
Simulations reveal protein "dynamin" constricts cell membranes by loosening its grip
Nearly 1 in 5 UK emergency department patients cared for in corridors/waiting rooms
Heavy energy drink intake may pose serious stroke risk, doctors warn
Violence against women and children among top health threats: New global study reveals disease burden far larger than previously estimated
Predicting who is at risk of developing type 1 diabetes, as new drugs now available
New gene-mapping method unlocks hidden drivers of cancer
Ocean current and seabed shape influence warm water circulation under ice shelves
Call to increase funding for ‘invisible’ Deaf victim-survivors of domestic abuse
University of Maryland School of Medicine names distinguished scientist and academic leader Gerald M. Wilson, PhD, as Chair of the Department of Biochemistry and Molecular Biology
Receptors in mammary glands make livestock and humans inviting hosts for avian flu
Icy hot plasmas
Treating adults with autism: Maryland Clinical Center offers national blueprint for care after pediatric transition
University of Phoenix College of Doctoral Studies releases white paper on reclaiming control to build workforce resilience
NCCN Summit seeks to improve care for veterans and first responders with cancer from line-of-duty exposure
ERC Consolidator Grant for soft robotics researcher
Dual-action arts and wellbeing program transforms dementia care
The global plastic waste trade contributes to coastal litter in importing countries, study shows
UT Dallas partners with Tech Mahindra on AI innovation
[Press-News.org] Gray Area on "Possessing" vs. "Viewing" Creates Porn AmbiguityRecent computer pornography cases suggest that it's only a matter of time before state legislatures are forced to take a closer look at how the law impacts our activities online.