This comment explains how the cache works, discusses computer forensic examinations, and provides a history of child pornography laws. It next explores how the courts have interpreted the changing pornography laws with advances in technology. It then specifically assesses the different approaches the courts take when reconciling the mens rea (the mental element) of knowledge in accordance with possession. Finally, this comment analyzes the strengths and flaws in the courts’ arguments and suggests a proposal for how the courts should deal with the cache in relation to the criminalization of possession within the federal child pornography laws.
Angela Lewosz, Ignorance of Technology a Pass for Violating Child Pornography Laws? – What’s the Cache?, 33 J. Marshall J. Info. Tech. & Privacy L. 47 (2017)