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It would come under distribution, because your computer is physically uploading this information to others. So it's being sent in the upstream channel of your I
by 1827163 3y ago
It would come under distribution, because your computer is physically uploading this information to others. So it's being sent in the upstream channel of your Internet connection. And it was an event initiated by the user knowingly browsing such material, it did not happen on the behalf of another, as would be the case if he/she ran an anonymizing proxy service for others to use, e.g. a Tor exit node. So that qualifies as distribution to me.
It depends if the quantity of data uploaded qualifies as an image of illegal abuse. If it contains fragments of the image, that do not represent such acts, then it's not illegal. The user was being negligent or reckless in not disabling the upload facility completely, it's his/her duty to do so in that case, to prevent further harm to the victim from occurring.
And I think that is where we can draw the line and it becomes a crime? And sentencing will take into account the intent? Might not result in jail time if it was just one file?