Interesting People mailing list archives
Downloading equals manufacturing.
From: David Farber <dave () farber net>
Date: Sat, 28 Jan 2006 19:17:04 -0500
Begin forwarded message: From: Randall <rvh40 () insightbb com> Date: January 28, 2006 6:54:04 PM ESTTo: Dave <dave () farber net>, Declan McCullagh <declan () well com>, cyberia <CYBERIA-L () LISTSERV AOL COM>
Subject: Downloading equals manufacturing.http://www.sciencedaily.com/upi/? feed=TopNews&article=UPI-1-20060127-19534200-bc-us-childporn.xml
<QUOTE> Mich. court: Downloading porn is making itMUSKEGON, Mich., Jan. 27 (UPI) -- A Michigan appeals court has ruled that downloading child pornography from the Internet can be charged as "making"
the material. Making or manufacturing child pornography is a felony in Michigan with apotential sentence of 20 years in prison. The court upheld the position of
the Muskegon County prosecutor in the case of former Egelston Township Treasurer Brian Hill, the Muskegon Chronicle reported. Hill is awaiting trial. The court ruling has put his case on the docket, although the issue is likely to be decided by the state Supreme Court. His lawyer argued that downloading pornography should be charged as possession, which carries a maximum penalty of four years. "It's groundbreaking law in the area of computers and pornography," said prosecutor Tony Tague. "This decision will provide a tool to prosecutorsacross the state, particularly in curbing and prosecuting child pornography."
</quote> The court decision is here:http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/ 20060124_C264361_40_264361.OPN.PDF
It says, in part: <QUOTE>After reviewing the dictionary definition of the word make, the circuit court stated that the bottom line was that, following the mechanical and technical act of burning images onto the CD-Rs, something new was created or made that
did not previously exist. </quote> _______________________________________________ Cuckoosnest mailing list ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Downloading equals manufacturing. David Farber (Jan 28)