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Peer-to-peer file sharing as distribution.

By Marks & Katz, LLC

Computer hard drive. (Image from Pacific Northwest Laboratory's website). On April 27, 2009, the Fourth Circuit joined other circuits that consider peer-to-peer file sharing to qualify as distribution under federal Sentencing Guideline § 2G2.2's sentencing provisions for distribution of child pornography: "While this circuit has not addressed whether use of a peer-to-peer file-sharing program qualifies as distribution, other circuits have found that it does. The Seventh Circuit upheld a distribution enhancement where a defendant downloaded child pornography through a file-sharing program, since defendant?s choice to 'knowingly [make] his child pornography available for others to access and download' fell within the plain meaning of 'distribution...continue to full post

Full post as published by Underdog on April 28, 2009 (boomark / email).