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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More