Crying Over the Cache: Why Technology Has Compromised the Uniform Application of Child Pornography Laws

As thousands of individuals surf the internet daily, every image on every web page is saved automatically to their computer’s cache, absent user direction. Sections 2252(a)(2) and 2252(a)(4)(B) of Title 18 of the U.S. Code criminalize knowing possession and knowing receipt of child pornography images. For the defendant who intentionally saves illicit images to his computer, the cache simply verifies already-proven knowing possession or receipt. However, for the defendant who only views child pornography online, the presence of images in the cache may not be enough to prove knowledge beyond a reasonable doubt. How can the prosecution prove a defendant knowingly received an image he has potentially never seen? How can a prosecutor prove a defendant knowingly possessed an image that may have been a pop-up? Questions like these have split circuit courts over the application of § 2252(a)(2). Several circuit courts have confronted cases with defendants who undoubtedly viewed child pornography images online, but who only left one clue as to their “knowing” receipt—the presence of images in the cache. The Tenth Circuit found that absent direct proof that a defendant viewed the image, the presence of a file in the cache is not enough to meet the “knowing receipt” standard. The Eleventh and Fifth Circuits disagreed, holding that a pattern of seeking out images satisfies the knowledge requirement. This Note analyzes the split and concludes that the presence of images in the cache proves a defendant’s knowing receipt. The Tenth Circuit’s demand of “direct proof of viewership of the image in question” imposes impossible evidentiary requirements. Defendants who view child pornography online have satisfied § 2252(a)(2)’s mens rea requirement even without direct proof of viewership of the image in question

Government Transparency: Six Strategies for More Open and Participatory Government

Offers strategies for realizing Knight's 2009 call for e-government and openness using Web 2.0 and 3.0 technologies, including public-private partnerships to develop applications, flexible procurement procedures, and better community broadband access

Embedded Foundations: Advancing Community Change and Empowerment

· Embedded funders are foundations that have made long-term commitments to the communities in which they are located or work. · Foundations have a long history in funding community development, often with few concrete results. · Political conditions, the increasing divide between rich and poor, inaccessibility of education, lack of housing, and continued segregation and racial discrimination are issues that need be addressed concurrently and resources need to be drawn from a variety of sources, particularly the neighborhoods themselves. This complexity has created an impetus for embedded philanthropy. · Embedded funders work participatively with the community and frame evaluations in less theoretical, more actionable ways. · While the future of embedded philanthropy remains to be seen, there is now a group of funders committed to this way of working

Studies in convergence? Post-crisis effects on corporate rescue and the influence of social policy: the EU and the USA

The financial crisis and the sovereign debt crisis that it precipitated in a number of peripheral EU Member States heralded massive changes in insolvency, corporate rescue and employment protection policies. The US and the EU both suffered greatly in the wake of the crisis, but their recoveries have occurred along very different tracks. The US has managed to regain much of its position in terms of relative growth and the UK has outpaced the recoveries of those European countries that are members of the European Monetary Union. The purpose of this treatise is to explore the context of the 2007–2008 financial crisis in the US and in the EU and its impact on legal reform in corporate rescue and restructuring as well as those aspects of social policy implicated within insolvency systems (notably collective redundancy and transfers of undertakings). It will also consider whether or not the corporate rescue and employee protection systems can be seen to be converging, and whether, in view of the different socio-economic, political and cultural aspects of the US and the EU, such convergence might be beneficial

Exploring the Relationship Between Self-assessment of a Meditation Experience and Physiological Changes to Participants’ Brains

Based on the statistics, it’s easy to imagine that we are facing a tsunami of psychological disorders. About 1 in 5 Americans experience mental illness each year and mental illness costs about $200 billion in lost earnings. Yet, it’s been shown that there is no better way to produce beneficial biological alterations then through the use of meditation (Davidson 2015), In fact meditation has been clinically shown to reduce: Anxiety (Kabat-Zinn et al 1992, Golden 2009, others), Depression (Eisendrath 2008, Segal 2010), Pain (Kabat-Zinn et al 1985, Kingston et al 2007), Addiction (Brewer 2011, Carim-Todd 2013), Boost Immune System Function (Davidson 2003, Pace 2009). But recent studies show only about 8% of Americans meditate

Citymarketing, tourism and posmodern architecture in Barcelona: some social consequences

In the global world, investors and tourists choose their markets and their destinations based on competitive conditions and attractive features of the territory. Today cities compete with every other in order to attract flows of capital, tourists and new residents, so urban management has copied traditional companies’ tools. Actually the urban marketing has created brands with cities, and has associated one image and values. The article analyzes the function of the postmodern architecture in the branding of the city, because has an influence about his image, about his cultural values associated and about the gentrification of his neighbourhood, that is about the expulsion of marginal people from the city centre. It analyzes, so, the planning of cultural resorts created like competitive advantages.Peer Reviewe