Arggh, people can’t tell questions of due process from questions of what ought to go into legislation. The issue raises SO much hot emotion that rational thought goes out the window.
So people like me are the weirdos, for getting upset that a loophole has been created to allow sick fiends to view child porn. Tsk tsk
This judge did not "create" a loophole, this judge applied the laws as written by the legislature (which had left a gap).
Practically speaking, it's also not much of a loophole - it only applies where the sick freak (1) does not print, save, or otherwise do anything that may be construed as "possessing" the images, AND (2) does not know that web browsers save a cached version of files and images viewed. So, the sick freak would have to be someone with enough tech savvy to know how to find this garbage and to know that they should not save the file, but not know much of anything about web browsers. It's not a "loophole" that will work in many cases (of course, even one case is too many, so the legislature should fix this ASAP).