Florida Supreme Court Rules on Use of File Sharing Program
The case of Smith v. Florida was decided last week in the Florida Supreme Court. The Supreme Court held that use of a file sharing program DOES constitute “transmission” of Child Pornography under Florida Statute 847.0137.
Smith argued that because he never directly sent files to an individual, but instead someone took files from his computer through the use of a file sharing program, he should not be convicted of “transmission”. In his argument, he pointed out that the Fifth District Court of Appeals previously ruled that transmission by method of a file sharing program did not constitute “transmission”. Smith’s District (the Fourth) ruled otherwise and the conflict between the two districts brought the case to the Florida Supreme Court.
The Florida Supreme Court reasoned that use of a file-sharing program is “the electronic equivalent of placing a locked box filled with pornographic photographs on his front porch, telling a “friend” that there is something on the front porch he might want to see, and sending the friend a spare key to the locked box.”
The decision can be found here: http://www.floridasupremecourt.org/decisions/2016/sc15-782.pdf
r.l.c.@hotmail.co told and excepted I’d be on registry forten years. I’ve had the rug pulled out from under me. I have no job, no support and am living in poverty.
File this. I was told and excepted I’d be on registry for ten years. After having the rug ripped from under me, every legislative session. I have no job, no support, and living on poverty. Whose only limited communication, is a cell phone. Which I fear ill lose soon
2 steps back – if this is the premise they are going with then lawyers need to get savvy to the the difference of sharing and having sharing turned off.- it makes a huge difference