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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (70331)1/28/2003 12:22:13 AM
From: The Philosopher  Read Replies (1) | Respond to of 82486
 
There is also the question
"was the image downloaded intentionally? question


That's actually the only one that ISN'T a question, since this is a strict liability offense -- one of the few. Mere possession is enough. It's like the rules on drugs -- if drugs are found in your car, your car can be confiscated without any proof that you put them there. A friend may have tossed them in the back a month ago and you didn't notice, but tough. Possession is the offense.

It deviates from most of the norms of criminal law, which require a mens rea element to constitute a crime.

Which also means it doesn't matter who downloaded them, as long as they're on a computer you own. (Makes it interesting for IBM -- I wonder how many illegal files are on computers they own!)

I'll have to continue this tomorrow -- I'm off to bed.