This is explanation why it was impossible to fight child porn charge in Minnesota.
Minnesota supreme court reviewed recently child porn law.
They declared unconstitutional only part of law.
I read Supreme court decision at
They declared unconstitutional only subsection 8 which said
"Subd. 8. Affirmative defense. It shall be an affirmative defense to charge of violating this section that the pornographic work was produced using only persons who were 18 years or older."
Government must prove age people in porn pictures, not adefendant, according with this decision.
Supreme court said that this was harmless error, because it was clearjust by looking at faces these were minors. This sound like 'we all know what child porn is, are we?'
Modern computer technology can create any faces and cut and paste to adult porn.
No computer expert can tell the difference ( US Supreme court struckdown child porn law in 2002 based on this argument )
Arguments by court looks unprofessional, there was no real computer forensic specialists and experts. Also why state should not prove there was not spyware, porn pop ups, trojan horses. Too many holes in Supreme court decision. I am not a lawyer, but it is clear for me.
This is very grey area of existing law. Judges just do not understandhow computer works, and that everything is possible in digital world.