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In this case, mere possession of this information is a major crime. No evidence or proof of distribution is necessary. In the US at least, every distinct imag

In this case, mere possession of this information is a major crime. No evidence or proof of distribution is necessary. In the US at least, every distinct image is its own violation as well, so you can easily end up with potential sentences reaching the thousands of years.

cr0sh 10y ago
Let's say someone sent you a file, that was encrypted in such a manner (4096-bit RSA, maybe?) that you had no way - indeed, no entity on the planet had the means - to decrypt it. Yet - unbeknownst to you - that file contained something so illegal, it would cost you your life if you knew about it. Is possession of that file still illegal? Or does it only become illegal when you have knowledge of its contents? Does having that knowledge then entail a potential for "thoughtcrime"? What if you (somehow) imagined the exact information that was contained in that file - before seeing the file? You now have the knowledge, but you never saw the information - is it now illegal? Or - what if you created a very large number that matched the unencrypted value of the file? Does possession of that number become illegal? Illegal enough to forfeit your life?
- sathackr 10y ago
  I am not a lawyer and you should trust what I say as much as you would trust graffiti scribbled on a wall in the bathroom. That being said, In Florida, it is treated much like drugs. Most cases are constructive possession and in such cases The prosecution has to show: 1. You had knowledge of the presence of the contraband 2. You had knowledge of the contraband's illicit nature. 3. You had the ability to excercise dominion and control over the contraband. I read a case in which a person had, on their person, a over-the-counter Tylenol bottle. Inside the bottle was Tylenol w/codeine, of which they did not have a prescription for. They were convicted of possession of a controlled substance. Their conviction was overturned on appeal because there was no evidence showing that they knew the substance in the bottle was actually Tylenol w/codeine as opposed to just Tylenol. Proving those three is a giant rabbit hole. Researching this was extremely eye opening for me, and if you live in a similar state, I would suggest you research it as well. In your example, if there was no evidence that you knew what the encrypted file contained, and no evidence that you knew the password/key to the file, then only the first bar would be met -- knowledge of its presence, and thus your case could never even go to trial -- even an okay lawyer would get it dismissed for lack of evidence. Now that 'evidence' word is very squirrelly. If a detective says you told him you knew what was in the file, that counts and the case goes to trial and a jury gets to decide whether you actually knew what was there. With drug cases, they might listen, weigh the facts, and be sympathetic. With a child porn case, not so much. Yes, the detective would be perjuring himself if you did not actually say that, but how do you prove that? That's one of the reasons any lawyer will tell you NEVER TALK TO THE POLICE. If you excercise your fifth amendment and do not talk to them, they can't put words in your mouth. A site with a ton of information on this is http://www.ejdirga.com/criminal_offenses/drugs/florida-drug-case-law/drug-case-law-constructive-possession.html http://www.ejdirga.com/criminal_offenses/drugs/florida-drug-... Edit: add IANAL disclaimer at the top

cr0sh 10y ago

Let's say someone sent you a file, that was encrypted in such a manner (4096-bit RSA, maybe?) that you had no way - indeed, no entity on the planet had the means - to decrypt it. Yet - unbeknownst to you - that file contained something so illegal, it would cost you your life if you knew about it. Is possession of that file still illegal? Or does it only become illegal when you have knowledge of its contents? Does having that knowledge then entail a potential for "thoughtcrime"? What if you (somehow) imagined the exact information that was contained in that file - before seeing the file? You now have the knowledge, but you never saw the information - is it now illegal? Or - what if you created a very large number that matched the unencrypted value of the file? Does possession of that number become illegal? Illegal enough to forfeit your life?

sathackr 10y ago
I am not a lawyer and you should trust what I say as much as you would trust graffiti scribbled on a wall in the bathroom. That being said, In Florida, it is treated much like drugs. Most cases are constructive possession and in such cases The prosecution has to show: 1. You had knowledge of the presence of the contraband 2. You had knowledge of the contraband's illicit nature. 3. You had the ability to excercise dominion and control over the contraband. I read a case in which a person had, on their person, a over-the-counter Tylenol bottle. Inside the bottle was Tylenol w/codeine, of which they did not have a prescription for. They were convicted of possession of a controlled substance. Their conviction was overturned on appeal because there was no evidence showing that they knew the substance in the bottle was actually Tylenol w/codeine as opposed to just Tylenol. Proving those three is a giant rabbit hole. Researching this was extremely eye opening for me, and if you live in a similar state, I would suggest you research it as well. In your example, if there was no evidence that you knew what the encrypted file contained, and no evidence that you knew the password/key to the file, then only the first bar would be met -- knowledge of its presence, and thus your case could never even go to trial -- even an okay lawyer would get it dismissed for lack of evidence. Now that 'evidence' word is very squirrelly. If a detective says you told him you knew what was in the file, that counts and the case goes to trial and a jury gets to decide whether you actually knew what was there. With drug cases, they might listen, weigh the facts, and be sympathetic. With a child porn case, not so much. Yes, the detective would be perjuring himself if you did not actually say that, but how do you prove that? That's one of the reasons any lawyer will tell you NEVER TALK TO THE POLICE. If you excercise your fifth amendment and do not talk to them, they can't put words in your mouth. A site with a ton of information on this is http://www.ejdirga.com/criminal_offenses/drugs/florida-drug-case-law/drug-case-law-constructive-possession.html http://www.ejdirga.com/criminal_offenses/drugs/florida-drug-... Edit: add IANAL disclaimer at the top