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interesting post from alt.music.who



Here's more of the same discussion. I gather this person knows something about the law in the UK.

If I understand the AP correction, the site required a credit card as
ID for entry, and it was pay-to-download.  Pete did not pay and thus
did not download.
I did not hear that correction before now.  If true, it would appear
to absolve him of a criminal act.

Also, if I understand the UK law correctly, it's
illegal to see/look at child porn pictures, so this is the crime he is
admitting.
No, it is not a crime to look at such images. It is a crime to
*possess* or *make* such images. Were such images to be displayed in
a shop window, you could stand outside and stare at them all day
without committing any offence.

Arguably, the process of bringing up an image on a computer screen is
both "possessing" and "making" that image. Transitory possession is a
bit of a grey area. It is generally accepted that if a person were to
destroy the image as soon as practical after becoming aware that he
was in possession of it, he is not guilty of a crime. Thus if you
were to click on a link that you expect to bring up an image of a
sports car, but instead find yourself looking at an indecent image of
a child, you would not be guilty of "making" or "possession" if you
made all *reasonable* efforts to get rid of the image ASAP. Such
efforts would not have to include deleting files that were
automatically created.

That is probably a moot point though, because if there is no solid
evidence of *exactly* what images may or may not have been displayed
on the screen, then it would be impossible to prove BRD that the
images were either indecent or of children under 16, and so the
prosecution would fail on those grounds.

IIUC PT has admitted to *accessing* a site that contained illegal
images. He has not admitted to either possessing or making such
images.






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