Looking at Child Porn Is Totally Legal in New York State

The Atlantic Wire ^ | May 09 | Adam Martin

[neverdem]

Logic takes us strange places sometimes, like when a judge found herself writing this little gem: "The purposeful viewing of child pornography on the internet is now legal in New York." That's a sentence you'd want to wash your hands after committing to paper (heck, or wash your eyes after reading), but it comes at the end of a line of reasoning in an appeals court decision that makes sense even if it appears to provide a loophole for kiddie porn lovers. 

Essentially, the court ruled on Tuesday, you can't be held responsible for things you just see online, even kiddie porn, the viewing of which isn't actually illegal under New York law. As MSNBC.com's M. Alex Johnson reports, the majority opinion by New York Court of Appeals Senior Judge Carmen Ciparik: 

"Rather, some affirmative act is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen," Ciparick wrote. "To hold otherwise, would extend the reach of (state law) to conduct — viewing — that our Legislature has not deemed criminal."

It's true: Under article 263 of New York's penal code, it's illegal to create, possess, distribute, promote, or facilitate child pornography, but it's not illegal simply to view it...

[Chode]

i know... and it's NOT child sex, it's child SEXUAL ABUSE and CHILD RAPE!!!

anybody that try's to defend that is a sick twist

[LevinFan]

I thought I posted a reply, but it isn’t showing. If this is a repeat, sorry.

“So is incompetence or carelessness in IT security now a crime in your eyes?”

How is it you extrapolated this from my posts? When making a comment that gets this serious, can you at least reference a sentence, or part of a sentence that you are referring to?”

I would have referenced the sentence, but my phone has no cut and past ability. It also tends to make me sound ghetto because of the auto correct.
The ‘crime in your eyes?” comment was because your entire post 43 suggested you felt that way. Apologies if I was wrong.

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“saved child porn onto another person’s computer” The answer is no, your quip had to do with him letting a friend have access to his computer, so then, why this leap to an extreme?

Um,I’ve looked over my posts and I didn’t say anything about another person’s computer. I think you got that from someone else. I don’t personally buy into the “A virus did it,” or, “My computer was hacked.” While technically possible, viruses are more designed for stealing data or taking you to a sales site. I’ve never seen a virus take me to a kiddy porn site.

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“type christian into a search and see what you get. You’ll likely get a really shock.”

I guess your assuming this is my first tricycle trip around the block?”

You sounded like you didn’t believe people can reach bad sites by accident.

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“I don’t know about you, but should someone hack my computer and put kiddie porn on it......and the hacker just happened to put kiddie porn on my hard drive.”

You repeat yourself....but, I digress.

Again, you’re responding to someone else. This isn’t my post and I don’t buy the hacker or virus argument.

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“That a picture in the cache only means that they REACHED a website with child porn”

Can a person clear their cache? If so, are there not “shredder” software that will make useless all deleted files?

Most people don’t even know what cache is, and even IT pros don’t exactly go around emptying it all the time. As for shredders, I don’t personally have anything I’m trying to protect that needs shredded, and shredders look guilty as hell to authorities.

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If I felt the internet was getting corrupt enough that security measures were no longer able to keep me from malicious intrusion......I would simplify what I do and get rid of the internet. Having it wouldn’t be worth any implication with this darkness.

If you can and choose to do without the net, that’s your choice. Most of us in the modern world don’t get a choice. The internet is a part of daily life, whether we want it or not. You can’t even job hunt effectively without the internet anymore.
Nor is internet security really the issue. I have fairly good security. I don’t think I’ve ever actually been sent to a child porn site, and I’m fairly careless on the internet. Siteadvisor by McAfee is great. But most people end up in bad sites simply from doing web searches.

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I’m mostly with you on the hard line view of child porn. They should never get out of prison, since child porn is only a step away from committing a sexual assault. But I want proof of intent beyond reasonable doubt before convicting someone. You need to show they intended to go there. That usually isn’t hard, since they would have clicked on picture after picture and gone to several web sites.
We don’t need another crime legislation that makes everyone a criminal simply for reach a child porn web page. The predators are usually fairly careless. Their hard drives are usually full of evidence. And they usually defend child sex quite publicly.

[LevinFan]

“i know... and it’s NOT child sex, it’s child SEXUAL ABUSE and CHILD RAPE!!!

anybody that try’s to defend that is a sick twist “

I’ve heard some duzzies of ways to defend child sex.

I didn’t think anything was worse that what went on on Dateline: To Catch a Predator

Then I talk with guys at work. They scared the hell out of me with their excuses for why it isn’t so bad.

[Chode]

i'd say odds are that anybody that defends prolly looks at it/owns some...

[Puckster]

Your right, two items in my post can be attributed to “wastedyears”. My apologies also.

As for finding myself somewhere that is odious.....in the almost 30 years on the internet, I may have stumbled into them only a couple of times.

Then again, you have to understand, I can bore people to death with what I consider “reading material”.

It's usually technical or educational.

People I meet might ask me what I like to read....they get bored just hearing about it.

Geology, physics, general science.....etc., of which, I have minors in all disciplines.

When there is no doubt to a pedophiles crime of a real life sexual nature, I'm more harsh than you.....incarceration is not good enough.

[Puckster]

http://www.science20.com/hammock_physicist/what_entropy-89730

That is an example of how boring I am.

[LevinFan]

“When there is no doubt to a pedophiles crime of a real life sexual nature, I’m more harsh than you.....incarceration is not good enough. “

It is if they get life with Bubba. Then again, another freeper earlier commented that it isn’t right to hope someone gets raped. But I have a hard time wishing for the safety of any sex predator.
We’ve had a incident of a predator in my own family, and the guy was turned back out onto the streets. It didn’t take a prophet to predict he would have another victim. A teen girl wouldn’t have been harmed by him had society done the right thing and kept him behind bars or killed him.

“As for finding myself somewhere that is odious.....in the almost 30 years on the internet, I may have stumbled into them only a couple of times.”

You started early in the net, didn’t you? Didn’t DARPA still run it back then? It depends on what you’re looking up. I’ve spent a lot of time in games, which is a favorite target for those on the internet seeking victims. Even some of the research I’ve done for books has gotten some bad results, and most of that is technical stuff for science fiction books. So far, no kiddy stuff.

[Puckster]

Well.....I wish you continued good surfing......DAKINE!!!

[Alamo-Girl]

Thanks for the ping!

[Vanders9]

Metmom, I’m agreeing with you. I’m just setting out the legal position, which is what the thread is about.

[Vanders9]

I’m not justifying anything. I’m agreeing with you.