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

Higher dietary magnesium intake and higher magnesium status are associated with lower prevalence of coronary heart disease in patients with Type 2 Diabetes

In type 2 diabetes mellitus (T2D), the handling of magnesium is disturbed. Magnesium deficiency may be associated with a higher risk of coronary heart disease (CHD). We investigated the associations between (1) dietary magnesium intake; (2) 24 h urinary magnesium excretion; and (3) plasma magnesium concentration with prevalent CHD in T2D patients. This cross-sectional analysiswas performed on baseline data fromthe DIAbetes and LifEstyle Cohort Twente-1 (DIALECT-1, n = 450, age 63 � 9 years, 57%men, and diabetes duration of 11 (7–18) years). Prevalence ratios (95% CI) of CHD by sex-specific quartiles of magnesium indicators, as well as by magnesium intake per dietary source, were determined using multivariable Cox proportional hazard models. CHD was present in 100 (22%) subjects. Adjusted CHD prevalence ratios for the highest compared to the lowest quartiles were 0.40 (0.20, 0.79) for magnesium intake, 0.63 (0.32, 1.26) for 24 h urinary magnesium excretion, and 0.62 (0.32, 1.20) for plasma magnesium concentration. For every 10 mg increase of magnesium intake from vegetables, the prevalence of CHD was, statistically non-significantly, lower (0.75 (0.52, 1.08)). In this T2D cohort, higher magnesium intake, higher 24 h urinary magnesium excretion, and higher plasma magnesium concentration are associated with a lower prevalence of CHD

A statistical framework for the design of microarray experiments and effective detection of differential gene expression

Four reasons why you might wish to read this paper: 1. We have devised a new statistical T test to determine differentially expressed genes (DEG) in the context of microarray experiments. This statistical test adds a new member to the traditional T-test family. 2. An exact formula for calculating the detection power of this T test is presented, which can also be fairly easily modified to cover the traditional T tests. 3. We have presented an accurate yet computationally very simple method to estimate the fraction of non-DEGs in a set of genes being tested. This method is superior to an existing one which is computationally much involved. 4. We approach the multiple testing problem from a fresh angle, and discuss its relation to the classical Bonferroni procedure and to the FDR (false discovery rate) approach. This is most useful in the analysis of microarray data, where typically several thousands of genes are being tested simultaneously.Comment: 9 pages, 1 table; to appear in Bioinformatic

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