> "Presumption of innocence" is not a principle that extends outside of US borders so its always difficult to contextualize police action in other countries to Americans who take their constitution for granted.
Sorry, what? Within America, that principle ultimately derives from English common law (from which the legal systems of most former colonies are derived). Moreover, it is a specific part of the European Convention on Human Rights, to which all EU members are party.
Of course it doesn't necessarily apply everywhere in the world (though it'd be foolish to expect any legal doctrine to apply universally, although in this case the doctrine is part of the Universal Declaration of Human Rights, which makes it about as close to universal law as is possible) - but it clearly extends beyond the borders of the US (and in fact, the notion of it 'extending beyond the borders' is pretty offensive, as it suggests the US as the origin of the principle).
Its actually better this is happening out side the US. Simply possessing CP in any format, with or without knowledge or consent is illegal. A handful of smart people have written about the situation (and its been featured on HN in the past). In the US, he would likely be far worse off.
> "Simply possessing CP in any format, with or without knowledge or consent is illegal."
From a recent New York State supreme court decision [0], citing federal law on page 12: "to possess the images in the cache, the defendant must, at a minimum, know that the unlawful images are stored on a disk or other tangible material in his possession". And on page 14, "a
defendant cannot knowingly acquire or possess that which he or she does not know exists".
Variations of the word "know" appear over and over again in the decision, particularly in the line "knowing the character and content thereof." All three judges concurred on this point -- possession requires knowledge.
Sorry, what? Within America, that principle ultimately derives from English common law (from which the legal systems of most former colonies are derived). Moreover, it is a specific part of the European Convention on Human Rights, to which all EU members are party.
Of course it doesn't necessarily apply everywhere in the world (though it'd be foolish to expect any legal doctrine to apply universally, although in this case the doctrine is part of the Universal Declaration of Human Rights, which makes it about as close to universal law as is possible) - but it clearly extends beyond the borders of the US (and in fact, the notion of it 'extending beyond the borders' is pretty offensive, as it suggests the US as the origin of the principle).