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

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More