Does viewing constitute posession
2005-06-17 17:14:06.540422+02 by Dan Lyke 0 comments
This is going to be extremely interesting from a legal standpoint: U.S. case asks "Does viewing files on the Internet constitute possession?":
"There are a variety of ways a file can come on the screen. What if the mere act of viewing it and it coming on your screen makes it criminally liable under a statute that provides punishment with a minimum of five years, and maximum of twenty, per incident?" Ripper said. "In my opinion, it is hard to believe that the lawmakers' intent was like what Barton is going through."
The /. story which linked to this actually has some comments which I'd chase further if I had the time, one comment offers cases and asserts that in the U.K. this could result in charges of creating, not just posession, another looks at Australian precedent, and this one asks if I made an <img src="violatesTitle18Section2257.jpg" width="1" height="1"> link would you be guilty of posession without even knowing it?