Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you: No adverts like this in the forums anymore. Times and dates in your local timezone. Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance. Email notifications for threads you want to watch closely. Being a part of the oldest wargaming community on the net. If you are already a member then feel free to login now.

In many courts finding inappropriate material on your computer, or email is enough evidence to convict.

The laws regarding due process haven't caught up to 80s technology, so the idea of someone else putting it there or uploading it as an attachment from your PC to your Email but not being you are not considered.

Once its found on your possession, regardless of how it got there you have to prove why/how its not yours.

Most email isn't saved on your computer until you open it. You don't open your email, nothing is on your drive. Most email can also tell when you access your account and which MAC address is used. Both these are evidence of guilt or not.

So if they can get you for receiving it, can they identify the sender? Because their guilt is less questionable. After all, receiving something is a passive act, sending it out is active.

 Howard A Treesong wrote:
So if they can get you for receiving it, can they identify the sender? Because their guilt is less questionable. After all, receiving something is a passive act, sending it out is active.

Probably depends on how stupid the sender is. If they sent it from their "real" email account they can probably expect a visit from the police. If they're smart they sent it from a temporary email account while connected to a random person's wireless network and there's no (realistic) hope of identifying the person responsible. Of course the fact that they sent illegal stuff unencrypted rather strongly suggests that everyone involved in this case is pretty stupid and hopefully there will be some more arrests and convictions.

Just because it is in his Google mailbox doesn't mean he has ever possessed or even seen that email.
Webmail like GMail gets hacked all the time, and the hacker can send what they like. Hackers can also spoof the IP address and MAC address of the PC used, pointing the blame anywhere they want.
People have got off having photos on their PC before, as it was found that a virus put them there. It's possible, but usually targeted and or tailored against the 'victim'.