Allen writes: -+----------- | I can't speak for you, but I have on more that one | occasion discovered potentially compromising files | on my computer that I was not even aware I had | downloaded. Should I be arrested? |
There was already a case in the UK where a successful defense was mounted that the owner of the computer in question was unable to protect it and, thus, the pictures found on it could not be said to have been his by an act of volition. Ipso facto, I ask in return if we are ready to say that the user cannot be accountable for that which is on their machine, on the grounds of manifest incompetence as the default presumption? Of course, here in the U.S. the 9th Circuit Court of Appeals has ruled that unless the prosecution can prove that the child in the image is a real child, and not a virtual child, then it is free speech or the like. Yes, I will dig up law references if demanded. --dan _______________________________________________ FDE mailing list [email protected] http://www.xml-dev.com/mailman/listinfo/fde
