Child Porn Case Could Establish Viewing as Possession

ATLANTA, Ga. – A Georgia court ruling could set a new precedent in that state under which viewing material on a web page could be considered possession of it.

“Someone in Atlanta will have to decide this,” a Walker County Superior Court judge said as she declared Edward Ray Barton guilty of 106 child sex exploitation charges, setting the stage for the Internet child porn case to appeal.

Barton had 156 child porn images stored in the temporary Internet files section of his Windows-formatted hard drive when the Georgia man’s computer was seized in December, 2003.

Because the images were in the temporary Internet files, Barton is not guilty of possession of child porn, his lawyers said. “Typically in cases like this, an image … is printed, saved and later deleted,” defense attorney Daniel Ripper said. “Some (conscious) act to acquire control occurred. There is no … element of control in this case.”

Because Windows automatically stores web pages viewed in a specific folder and Barton had no pornographic images elsewhere on his computer, Ripper said that possession did not occur.

Though the Association of Sites Advocating Child Protection Director Joan Irvine was not aware of any precedent in the American legal system stating that viewing child porn equaled possession of it, she felt that common sense dictates the importance of scale.

"One accidentally-downloaded email is not the same as hundreds of URLs in your history," she said.

"Although viewing child porn is immoral," she told XBiz, "It is not illegal."

Ripper said that no court in the United States has yet issued a decision on whether viewing material constitutes possession of it.

Barton was sentenced to 20 years in prison.

“This case could be precedent-setting, not only in the state, but nationwide,” Ripper said. “If the state statute remains the way it is, it could be a nightmare for the citizens.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

Show More