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Re: Australia's New South Wales tries net-censorship
On Apr 09, 1996 01:47:39, '"Robert A. Rosenberg" <[email protected]>'
wrote:
>At 9:01 4/8/96, Mike Duvos wrote:
>
>>I'd be interested to know if the courts have ever had a case in
>>which a person has been declared to have been in "possession" of
>>illegal material merely by virtue of its momentary presence in
>>their cache, screen buffer, or usenet spool.
>
>If you want a real world analogy, there are cases where overeager USPS
>Inspectors who want to "get" someone have sent them porno as a Return
>Receipt Requested Item and then raided before the person had had a chance
>to open the package. That is possession under the Law.
>
I think this is more "conspiracy" not "possession" under the law.
Perhaps an attorney on the list could comment.
But I am interested to read more about such "cases." Could R.A. Rosenberg
post the case cites?
--tallpaul