Reading Search terms = knowledge – counter, can they prove terms were typed in vs. mass download
The State loves nothing more than to read out load all of the disgusting search terms of the contraband files. Some of them contain dozens of child pornography terms and phrases. However, some of these terms may be completely innocent. Just because some of these search terms are related to child pornography doesn’t mean that the defendant used those terms to find the files.
First, files containing the word sex will come up in search results regardless of what other terms are included in the file. Some files are misleading and the State will try to de-emphasize this. Finally, this may all assume that the files were searched for using any keyword. With a P2P program, the user can find another user and then download all of their files. Thus, child pornography can be accidentally downloaded by not paying attention to what files the other person is sharing. Unless the State can actually show what terms were typed into the program’s search box, everything else is just speculation and should be called out as such.