Criminal trial concerning child pornography offences arising from peer to peer LimeWire activity, forensic examination of seized computer equipment, and storage of files on compact disks.
The court applied the W. (D.) framework, rejected the accused’s explanations involving hackers, viruses, and unauthorized access, and found beyond a reasonable doubt that he knowingly possessed, accessed, and made child pornography available through the shared folder of his file sharing program.
The court accepted expert evidence linking the monitored IP address and GUID to the seized laptop and inferentially found deliberate downloading and movement of files to disks.
On the making count, however, the court adopted the reasoning that copying pre-existing child pornography onto disks for personal collection did not constitute “making” under s. 163.1(2).
