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To: tet68
Not only that but there is NO ACTUAL child PORN on the site so the prosecution is for intent?

Not that I am defending this program, but no one is prosecuted just for clicking on the link. Clicking on the link is used as probable cause to get a search warrant; only if the search actually turns up real child pornography is the person prosecuted.

53 posted on 03/24/2008 2:40:05 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

And people have no concept of what “probable cause” actually is. People consistently assign far too high a legal standard for “probable cause”. “Probable Cause” is not absolute certainty. It’s not even a preponderance of the evidence (50%+1). It’s only a “Fair Probability.”


56 posted on 03/24/2008 2:42:10 PM PDT by freedomwarrior998
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To: Lurking Libertarian
Not that I am defending this program, but no one is prosecuted just for clicking on the link. Clicking on the link is used as probable cause to get a search warrant; only if the search actually turns up real child pornography is the person prosecuted.

So, what if you don't have any forbidden porn but there's something else of interest to the searchers? It isn't on the warrant, but who wants prying eyes all around the house. Also, do they rip out your hard disk as part of the search, taking whatever personal files (passwords, tax records, great novels) you have with them, so they can check for encrypted porn?

If there isn't significant evidence of major kiddie porn downloads (not just a clickthrough) I say its not enough for them to toss your home.

185 posted on 03/24/2008 5:28:05 PM PDT by Pearls Before Swine
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To: Lurking Libertarian

If such a thing happened to me it would nearly destroy my business. As I posted in #119, if you know the URL the FBI is monitoring you can put anyone you want on that list as long as you can get them to load a (totally innocent looking) web page. And if someone is hijacking your wireless connection, you don’t need to take any action at all to be subject to such a warrant.


186 posted on 03/24/2008 5:36:02 PM PDT by Content Provider
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