Posted on 01/07/2008 6:56:46 AM PST by rawhide
Now we know the real motivation ferom the NYT to hand-wring over this. It isn't Civil Liberties, it their business model that they think will be affected.
Or am I missing something?
Interesting notion...storage device as extension of personal memory. That’s probably very true, for the most part. Planners, calendars, address books, the great American Novel, plans for nuclear bombs, poems to the mistress, etc.
I don’t believe the appeals courts will agree, though. Far too many activist judges eager to legislate from the bench.
Encrypted, I’d suggest. Regardless of the content.
Care to elaborate?
Correct me if I am wrong, but, is it not illegal to possess this material in any form?
I’m not up on all the latest child porn handle dos and donts, but I would be more paranoid of sending it around public internet lines and e-mail servers, then holding it on a hard or thumb drive. In two weeks you could delete the info, but once its in a mail server it exists forever, with your name attached.
Merely that with no file in the computer in question, (other than a forensic search) how would some airport security person see the file?
Deleted files are still on your computer.
Is it illegal to have a folder of information that has your credit card numbers, social security numbers, account passwords for online stores, etc.?
What the federal courts have said is that anyone who is under the government umbrella has the authority to look at your private computer files without a warrant or suspicion.
Just because something good (catching a peddler in child porn) happened because of a bad and dangerous law, doesn’t mean it isn’t a bad and dangerous law.
See my post #9?
My laptop IS my home PC. It's the only computer I have.
I disagree with Judge Pregerson strongly.
A memory of pornographic material can be desired or undesired. For example, a victim of child porn may have the memory, but doesn’t want to have it. Or someone could have accidentally viewed it and was subsequently repulsed.
Keeping pornographic material on a hard drive demonstrates a desire to view it repeatedly. IOW, its being used to reinforce a memory. Its not the memory itself.
That helps. Thanks
Not necessarily, but if this guy's dumb enough to leave kiddie porn essentially in plain view, he's not smart enough to use the software that will permanently delete the files (unless somebody REALLY wants your data and is willing to splurge for an electron microscope).
Anyway, I can't figure out what the judge is smoking. Warrantless inspections at point of entry were allowed by the Founders, so they're certainly not unconstitutional now. If you have any confidential information, there are a myriad of ways to hide it from the cursory customs inspection.
That is the main point, do we are do we not have a 4th amendment.
Put everything personal on flash drives and carry them in your wallet.
Pregerson's the activist here who is trying to create new law, not the appellate judges.
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