In a case of first impression in New York, a Brooklyn appellate panel has held that temporary files automatically “cached” by an Internet browser may serve as evidence of promoting and possessing child pornography.

The Appellate Division, 2nd Department, looked at similar cases from other jurisdictions and concluded that their “consistent thread” was the need to distinguish “inadvertent” acquisition and possession of child pornography from “knowing” and “intentional” acquisition and possession.

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