[VRWCmember]

Not only that but there is NO ACTUAL child PORN on the site so the prosecution is for intent? If I read the article correctly, the prosecution would be for the kiddie porn that they find on your computer by virtue of the search warrant they obtain based on the probable cause evidenced by your intent in accessing the fake kiddie porn site. Again, if I read it correctly, here is the scenario that would play out:

1. For whatever reason -- be it a google search or an email or some other stimulus -- you click on a link to one of these fake kiddie porn sites and attempt to download what purports to be kiddie porn files. You are somewhat disappointed to find that the files contain gibberish and no actual kiddie porn. You consider filing a complaint with the FCC for false advertising on the part of the website operator, but think better of it before actually visiting the FCC website.
2. While you were attempting to open the file you downloaded from the fake kiddie porn site, the FBI was identifying you by your ip address and preparing a search warrant based on your downloading of what you believed to be a file containing kiddie porn.
3. The warrant is approved and then the FBI visits your house and seizes your computer.
4. Upon finding actual kiddie porn on your computer via a search supported by a warrant, the FBI prepares an indictment for whatever statutes were violated when you stored actual kiddie porn on your computer (or whatever other files you might have on the computer that become evidence of some other crime).

Assuming the authorities do not find any actual illegal files on your computer, there would be no prosecution because no actual crime was committed even though the authorities believe one was attempted.

[728b]

Is that all! I think I will call the FBI to come by tomorrow. Everybody loves it when they show up at a business, halt a days work and leave with all of their clients wondering why the FBI are interested in us.

It’s not like there will be any trouble.

[TexanToTheCore]

And will it cost me $10,000 in legal fees and two years or so to get my computer back from the FBI?

[maine-iac7]

Assuming the authorities do not find any actual illegal files on your computer, there would be no prosecution because no actual crime was committed even though the authorities believe one was attempted.

But in the meantime, your computer is gone for several months - (hope you don't depend on it for income) - and you have spend big bucks on a lawyer, if you're smart, - and you spend many sleepless nights = if you aren't so naive as to think the law is so honest and above board, everything will - eventually - turn out OK...oh, and then there's the friends, family and neighbors thing...

If this kind of 'thought crime' is allowed to continue, we will - in the not too distant future - learn what it was like for citizens who lived under Communist Russia