Wednesday, May 9, 2012

The Tide is Turning

New York Court: Viewing Online Child Porn Is Legal

By Alex Fitzpatrick

Viewing pornographic images or video of underage children on the Internet is legal, according to aNew York State appeals court in one part of a decision about the fate of a college professor whoseInternet browser had more than 100 such images stored in its cache.

The court's decision found that looking at child pornography on the Internet without downloading it to a hard drive isn't the same as "possessing" it, which New York State law prohibits.

"Merely viewing web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law," Senior Judge Carmen Beauchamp Ciparick wrote in his majority opinion. "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."
The prosecution in the case, wrote Ciparick, failed to prove that Kent was aware of the existence of a web cache, making it impossible for him to have knowingly downloaded -- and therefore possessed -- the child pornography to his browser's cache.
Professor James D. Kent, an assistant professor at Marist College in Poughkeepsie, N.Y., was given a one-to-three year sentence for possession of child pornography in 2009.
Kent took his computer to a student IT specialist for a virus scan after complaining that it was running slowly. The scan detected the pornographic material in Kent's web browser. He maintains that somebody else used his computer to view the material.
The court dismissed one of two counts of promoting a sexual performance of a child and two of the 143 counts of possessing child pornography with which Kent was originally charged. It upheld the other counts, which were tied to a folder on Kent's machine filled with thousands of images of child pornography.
Nathan Z. Dershowitz, Kent's lawyer, told that the real problem in the case is "legislation is not keeping up with technology," as the court system serves only as an umpire applying the rules as passed by lawmakers.
All judges in the case expressed intense disapproval of child pornography.
New York Child Porn Ruling

Monday, May 7, 2012

News and Updates....

First for news...

GREEN BAY, WI (WTAQ) - A new proposal would eliminate the city of Green Bay’s sex offender residence board.  Any sex offender that wants to move to the city must register and get approval through the board.  However, current ordinances are so restrictive that sex offenders can’t live within a majority of the city.  Police say that has lead to an increasing number of sex offenders going underground and in non-compliance.    It was also discovered that the state corrections department was not working with the city officials and were finding sex offenders places to live and not even telling the board.  Green Bay Police Chief Jim Arts is behind the new proposal that would cut down on restrictions.  The sex offender residence board meets today at 2:30 p.m. to begin what it likely to be a high contentious debate.

And now for Updates.... 

Recently the Department of Community Corrections updated their Sex Offender Supervision Manual, it is now updated with the new laws that have come out since 2004.  While the manual still says 2004, if you look at the individual pages and the information contained within, it has been updated.