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Reply #64: Because it is Jim's computer. [View All]

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varkam Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-16-08 05:47 AM
Response to Reply #59
64. Because it is Jim's computer.
If it is his property and the images were on said computer, then I think that would be enough to satisfy a judge to sign an arrest warrant (as was apparently the case) pursuant to the control issue.

There may not be evidence that Jim actually downloaded the images, but I'm assuming that the prosecution believed that they could prove that was the case. It does seem incredibly strange to me, though, that Restronics would somehow mix up the child pornography on his computer and contaminate other computers with it. I'm wondering why they're not getting charged, as well.

It is true that the SCOTUS decision covers "virtual" pornography, such as computer generated images. It seems to me, though, that the burden of proof would fall on the defense if they were asserting that the images were computer-generated and not of "real" children.
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