Guess Blairg is moving to New York

Discussion in 'The Bar' started by Shivvy, May 9, 2012.

  1. Shivvy

    Shivvy 100k Post Club

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    http://news.yahoo.com/blogs/sidesho...not-crime-according-york-court-165025919.html


    Viewing child pornography online not a crime: New York court ruling
    By Eric Pfeiffer | The Sideshow – 5 hrs ago
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    New York Gov. Andrew Cuomo unveils an anti-child pornography initiative while serving as Attorney General (AP/Bebeto …
    In a controversial decision that is already sparking debate around the country, the New York Court of Appeals ruled on Tuesday that viewing child pornography online is not a crime.
    "The purposeful viewing of child pornography on the internet is now legal in New York," Senior Judge Carmen Beauchamp Ciparick wrote in a majority decision for the court.
    The decision came after Marist College professor James D. Kent was sentenced to prison in August 2009 after more than 100 images of child pornography were found on his computer's cache.
    Whenever someone views an image online, a copy of the image's data is saved in the computer's memory cache.
    The ruling attempts to distinguish between individuals who see an image of child pornography online versus those who actively download and store such images, MSNBC reports. And in this case, it was ruled that a computer's image cache is not the same as actively choosing to download and save an image.
    "Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law," Ciparick wrote in the decision.
    See a copy of the court's full ruling on the child pornography decision.
    The court said it must be up to the legislature, not the courts, to determine what the appropriate response should be to those viewing images of child pornography without actually storing them. Currently, New York's legislature has no laws deeming such action criminal.
    As The Atlantic Wire notes, under current New York law, "it is illegal to create, possess, distribute, promote or facilitate child pornography." But that leaves out one critical distinction, as Judge Ciparick stated in the court's decision.
    "ome 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."
    The case originated when Kent brought his computer in to be checked for viruses, complaining that it was running slowly. He has subsequently denied downloading the images himself.
     
  2. gilaet

    gilaet Xanax Service Dog Staff Member

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  3. blairg

    blairg loving Mari

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    jesus christ Shiv you're creeping me out :chair:
     
  4. zhukov

    zhukov Time traveler Gold

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  5. beatlejaws

    beatlejaws nowhere poster

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    start spreading the news
     
  6. Porn Stache

    Porn Stache Active Member

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    He does seem to be pretty obsessed with you, bro.
     
  7. Shivvy

    Shivvy 100k Post Club

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    hes my e-bff
     
  8. Porn Stache

    Porn Stache Active Member

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    I thought that was Scoopy.
     
  9. doughhead63

    doughhead63 OD'd on life itself Staff Member

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  10. Shivvy

    Shivvy 100k Post Club

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    GHP got in trouble for doing something similar. :hw:

    enjoy the Crossbar
     
  11. Shivvy

    Shivvy 100k Post Club

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    fuck him. dudes gay
     
  12. doughhead63

    doughhead63 OD'd on life itself Staff Member

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    Uh, so it is okay to start a thread insinuating that someone is a pedophile?
     
  13. Porn Stache

    Porn Stache Active Member

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    Yes.
     
  14. doughhead63

    doughhead63 OD'd on life itself Staff Member

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    Shiv obviously hates all the attention
     
  15. Shivvy

    Shivvy 100k Post Club

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    when did i say he was a pedophile? you, however, broke a rule here.
     
  16. doughhead63

    doughhead63 OD'd on life itself Staff Member

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    What rule? The face in that pic is totally obstructed.
     
  17. zingger

    zingger Judge and jury Gold

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    Who is that and what's up with that berry looking thing on the chin?
     
  18. doughhead63

    doughhead63 OD'd on life itself Staff Member

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    Thanks for the Neg, Shiv:cheer:
     
  19. Porn Stache

    Porn Stache Active Member

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    Shiv is melting, hardcore.
     
  20. doughhead63

    doughhead63 OD'd on life itself Staff Member

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    He alerted on me, according to his negative rep message