Is Temporary and Automatic Cache Considered Possession in the UK When Intentionally Viewing a Website?

Question from Su, Is Temporary and Automatic Cache Considered Possession in the UK When Intentionally Viewing a Website?

Answer from AI:

In the United Kingdom, the law regarding possession of digital content, such as images or documents, is complex and can depend on various factors. The question of whether temporary and automatic cache data from intentional viewing of a website can be considered possession is not straightforward.

Understanding Cache Data

Cache data is temporary data stored by your computer or device when you visit a website. This data is used to speed up subsequent visits to the same site. It’s important to note that this process is automatic and typically occurs without the user’s explicit knowledge or consent.

UK Law on Digital Possession

Under UK law, specifically the Theft Act 1978, possession is defined as having physical control over something. However, the application of this definition to digital content is not clear-cut.

Case Law and Interpretation

There have been cases where individuals have been prosecuted for possession of illegal digital content, even if that content was only stored in a device’s cache. However, these cases often involve explicit knowledge and intent to view the illegal content.

For example, in the case of R v Porter (2006), the defendant was found guilty of possession of indecent images of children, despite the images being stored in his computer’s cache. The court ruled that by intentionally accessing the images online, the defendant had exercised control over them and was therefore in possession.

When Legal Advice is Necessary

If you are concerned about the legal implications of cache data, it is strongly recommended that you seek legal advice. This is a complex area of law with potentially serious consequences. A legal professional can provide personalized advice based on your specific circumstances.

General Legal Guidelines

• Be aware of what you are viewing online. If you intentionally view illegal content, you could potentially be held liable, even if that content is only stored in your device’s cache.
• Regularly clear your device’s cache to ensure that no unwanted or potentially illegal content is stored on your device.
• If you come across illegal content online, report it to the relevant authorities.

Please note that this information is intended to provide a general understanding of the law. It should not be construed as legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.