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Do You "Possess" What You View Online? | Popular Science

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It is obvious as to why some countries would consider making porn illegal, but if you live in a country with free speech, an act like this would be. India News: The newly passed IT Bill makes it illegal to not only create and transmit child pornography in any electronic form but also to browse. Also, simply viewing and not downloading child porn on the Internet still can mean you face a difficult legal battle to remain free from prison.

There is now evidence to suggest we have reached that point. We need to consider the implications this may have for law enforcement agencies in combating child abuse material.

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Child sex dolls and robots: Since then, digital technology has advanced significantly. Lawmakers throughout the world, including Australia, have sought to extend laws prohibiting child abuse material to include pictures and videos created even without a child.

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Although it is safe to assume cartoon depictions of children say, Bart Simpson would not be mistaken, distinguishing a photograph depicting a real child from VCP can be complex. Virtual child pornography becomes too real According to Hany Farida professor of computer science at Dartmouth: This is supported by a study conducted by Farid and his colleagues that showed approximately participants 60 images of human faces.

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Half of these images were computer-generated, the other half were real. The second part of the study found that training increased the ability of participants to identify when an image was virtual.

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Supreme Court agreed to hear an appeal. Free Speech Coalition,the high court agreed with the Ninth Circuit that two key provisions of the CPPA were unconstitutionally overbroad affecting both legal and illegal speech under the First Amendment. The law was struck down. More narrowly written, COPA took aim at commercial online porn sites that disseminate material to minors. And, anticipating constitutional objections, it mandated that criminal cases brought under it would be tried according to contemporary community standards.

Legal Status of Child Pornography by Country

However, COPA suffered similar setbacks in court after the ACLU and several non-pornographic online websites successfully contested it, first in federal district court in Philadelphia and then before the U. Court of Appeals for the 3rd Circuit. As before with the CDA, the Justice Department continued to appeal; this time, it argued that online porn is even more readily accessible to children and thus in need of urgent control.

However, inthe U. The Court, by a close vote, concluded that the government had not shown why less-restrictive alternatives such as software filters could not be equally or more effective. The high court noted that filtering software had come a long way in just five years, and that two less restrictive laws had passed muster, one prohibiting misleading domain names, and another creating a child-safe kids.

The case was remanded to a lower court for further investigation and action.

Do You "Possess" What You View Online?

You can buy a used CD or book in a shop or off of Craigslist, performing a perfectly legal transaction. You can lend your friend a CD or book for free, also perfectly legal. But try to do the same general act online, using something like BitTorrent?

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You'll find yourself on extremely shaky legal ground, in which you may or may not be eligible for a fair use exemption, may or may not be prosecuted, and may or may not be convicted. And that's for downloading actual files, which is much simpler to paint as "possession" than something like streaming.

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We're moving to a time when we may not ever have to "download" anything, at least by the old definition which is actually just copying a file from one place to another. Though streaming is technically downloading--you're just watching it in real time as it downloads, and then neglecting to keep the file once you're finished--the law views "downloading" as possession, and streaming as something Copyright holders see a difference here too--there's a reason it costs more to "purchase" and download a movie on iTunes than "stream" it via your monthly Netflix subscription.

Isn't it just a technicality that you can't point to a file on your computer? The primary difference between downloading and streaming--or the transferring of physical objects like CDs--is the possibility of distribution.

Porn Laws Around the World | Daily Infographic

If you listen to an album at a friend's house, you are enjoying copyrighted material you did not pay for, but you don't have the ability to distribute it. But when everyone has access to the same material on the internet, does that really matter?

If you have the links to a hundred illegal files and can distribute those links, does it matter that you don't have the actual files? You can share them just as easily as if you did. Why bother saving a copy of an image to a hard drive? Why not just view it from any of the bazillion devices that can view images online? Is bookmarking the same as saving?

Are you in possession of an image if you've just left yourself directions for how to find it again?