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Message: <blockquote data-quote="argo" data-source="post: 2342539" data-attributes="member: 5752">An excellent point umbran!Except that that is exactly what happened in the case linked by the OP and not only did the prosecutor go to trial but the jury convicted and the guy in question is doing 20 years as we speak.The problem is that what constitutes "posession" is a question of Law and, in the US at least, juries only consider questions of Fact.  If the prevailing law states that your internet cache is your "posession" then you can't argue that in front of the jury.  The prosecutor simply calls his tech dude who says "I found these .jpg in the defendant's temporary internet folder" and he's got a slam-dunk case same as if he had found hard copy's of the same photos in the guy's closet.  You're only viable defenses will be to argue that the pics in question are not what they seem (not really child porn and therefore legal) or that you were framed and somebody put them there.So yeah, its kinda important that the appeals court decides weither or not having something in your temporary internet folder constitutes having it in your posession.Later.</blockquote>