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 it MUSKEGON, 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 a potential 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 prosecutors across the state, particularly in curbing and prosecuting child pornography." </quote> The court decision is here: http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20060124_C26436... 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 eugen@leitl.org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ ----- End forwarded message ----- -- Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org ______________________________________________________________ ICBM: 48.07100, 11.36820 http://www.ativel.com 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE