R v (1) GRAHAM WESTGARTH SMITH (2) MIKE JAYSON (2002)

[Owen Blacker]

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David Hansen, quoting Donald Ramsbottom's citation:
> 
> > (3) The act of
> > voluntarily downloading an indecent image from the internet to a
> > computer screen was an act of making a photograph or pseudo-photograph
> > because the computer's operator, in so downloading, was causing the
> > image to exist on the screen.
> 
> Utter bollocks, though no doubt "correct" in the mad world of the 
> legal "process". Where sanity prevails making an image involves 
> cutting and pasting things, use of a camera and so on.

I'm not so sure (off-topic, though this is).  I was under the impression
that the most recent change to the law in this regard deliberately
introduced concepts like pseudo-photographs to include people acquiring
kiddie porn and putting them to the screen as, previously, only the people
actually taking (or Photoshopping) such images could be prosecuted, not the
people peddling them or getting off on them.

I could, of course, be very wrong, since I am neither a lawyer nor of
perfect memory.  One would have assumed logical that someone making an
image (with a camera or image editing software) would be "making an image",
whereas someone peddling or getting off on them would be [merely?] "in
possession of indecent images" or whatever the equivalent charge is.

Anyways, diverging even further from the topic  :o)


O x
- -- 
Owen Blacker
Senior Software Developer and InfoSecurity Consultant   Wheel: Group
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- -- 
Opinions might not even be mine.  Other people can go get their own!

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