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What is the Legal Definition of an Upload

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  • 04-04-2017, 01:00 PM
    Billy80Waddy
    What is the Legal Definition of an Upload
    My question involves criminal law for the state of: VA

    We are in the process of sorting through a family related child pornography warrant with a family member for a supposed upload to Omegle...

    The question has arose - what is the legal definition of an upload? Does posting a link to a dropbox account constitute an upload - or an upload is what it seems to be - an actual upload of a file?
  • 04-04-2017, 01:59 PM
    Taxing Matters
    Re: What is the Legal Definition of an Upload
    Quote:

    Quoting Billy80Waddy
    View Post

    The question has arose - what is the legal definition of an upload? Does posting a link to a dropbox account constitute an upload - or an upload is what it seems to be - an actual upload of a file?

    There is no need for a legal definition of “upload” here. That’s because neither the federal law nor the Virginia law on child pornography use that term. Both federal and Virginia criminalize possession of child porn and distribution of it, with distribution being the more severe crime. The posting of a link to others to enable them to access child pornography would be an act of distribution of the images. So whether you call posting that link an upload or not really doesn’t matter. The person is making it available to others — i.e. distributing it. That is what matters.
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