You have to read the article to understand the "whole story" not just the headline, what the ruling stated was that if there were images of child pornagraphy on your computer, it isn't necessarily a crime unless you saved them.
In response, I am shocked and disappointed. I have heard the story about the grandmother who innocently took pictures of her granddaughter in the tub and playing in the yard in a swimsuit and when she took the roll of film to be developed the clerk reported her and I've heard about those who have had pornography sent to them in a mass email attachment that they did not mean to open or receive or those who have stumbled across a site of pop-up once or twice. What I am talking about is completely different, the criminal this article references had HUNDREDS of pictures that were viewed by him on his computer, he claims he never downloaded them. He was just looking. Repeatedly apparently.
It's absurd to say that if someone sends an email to someone with a picture of child pornography in it, that it's their fault, and it's wrong to call a grandmother a pervert for receiving a picture of her grandson or granddaughter in the tub HOWEVER, this is going to open a floodgate for defense cases all over the country to reference. We are talking about hundreds of images "viewed" but saying it's OK because they didn't "save" them. Are you kidding? They don't need to, they can just revisit the site again and again now. I am originally from NY and am disappointed that they've made this decision, how sad that they would blur the lines where child abuse and pornography are concerned. Especially with these types of crimes and trafficking on a rise all over the world, INCLUDING America. I get their thinking, I do, that our computer will hold thousands of cache images over the lifetime that we own it, however, there is no reason that hundreds of those would fall under the category of child pornography and there is no reason why clear intent cannot be seen. It is frustrating seeing the direction this is headed with people seemingly uncaring. As humans we need to watch the road ahead, not just the present. Each decision has a way of affecting every generation after us.