Since there are so many technological advances and at such a fast rate, the law must keep changing to adapt to our way of life. There are certain gaps in the law because laws take years to make but technology advances daily. An example of this is illegally downloading music. People were downloading music for years and there was no regulation that prohibited, until the Digital Multimedia Act of 1998. The law had to catch up to technology. Also, the laws that are being made are not written by people who are using the technology, but by older men who are not as tech-savvy as the younger generation, the people finding loop holes in the laws. No matter what laws are made, people will continue to find loopholes or inventions to get passed them. It is almost impossible to make a law that is loop hole free, without taking away the basic civil rights of people.
The question of possession has to be dealt with on a case by case basis. Just because a picture is on a computer, doesn’t mean that that person owns the picture. The problem of possession has to be solved at the source and the source of distribution. You have to find out who took the picture.
I agree that it is impossible to keep up with all the technological updates. There are new "Virus definitions" or whatever almost everyday for my anti-virus stuff, and people keep making more and more. However, I do not think finding out who took the pictures would be a simple task because of how fast things spread around the internet now. It may be possible, but it may also be a waste of government funding that could be put to better use.
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