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Good morning. I am the expert who will be assisting you with your question today. I have read your question and the conduct described - uploading a sex video to youtube - would be considered dissemination in every jurisdiction of which I am aware.
Thank you so much, Myra! Can you cite a case precedent or a law?
Showing to one other person may be sufficient under certain statutes to constitute dissemination.
Do you know the statute that is at issue so that I could find precedent relating to that statute?
The detail which makes my question more complex than just 'uploading to youtube' which I realize would be considered dissemination without a doubt is that these videos were uploaded into the user's 'private videos'
The argument is that the user uploaded sex videos to his private youtube AND vimeo accounts. In youtube, private videos can still be shared with up to 50 users technically, and I would assume youtube personnel have the right to view and monitor these videos so they would be able to see the videos. I am looking for any legal case - in the United States or ideally New York - which involves youtube / dissemination
That it is a private account does not make any difference. For example, child pornography statutes consider dissemination where the image is shown to one other person.
There is no evidence of showing to anyone. That is the problem.
I am looking for any kind of evidence whereby uploading to youtube and vimeo social share sites - - even as PRIVATE videos - is dissemination.
Ok. I will take a look and get back to you. It may take a few minutes.
I completely understand. It's very tricky.
I have a few leads but it will take me a while to process. You may want to come back later and check the chat. I'll post when I have some caselaw.
This case may be useful to you. In distinguishing distribution, the court stated in US v. Shaffer, 472 F.3d 1219, 1224 (2007), "Mr. Shaffer could have, but did not, save the illicit images and videos in a computer folder not susceptible to file sharing. Likewise, he could have, but did not, activate the feature on Kazaa that would have precluded others from taking materials from his shared folder."
You can access the case through Google Scholar.
It's a 10th Circuit case.
In Massachusetts case, Comm. v. Rollins, 60 Mass. App. Ct. 153, 160 (2003) the court required purposeful intent for dissemination, stating, "none of the children at the bus stop, nor any other child, saw the content of the paper. That content was, therefore, not "disseminated" to them. Moreover, we do not think that the evidence is sufficient to support beyond a reasonable doubt a finding that the defendant intended the children to see it."
I will switch this to a Q&A format to better assist you further. Please feel free to continue to ask follow-up questions and I will respond promptly. Thank you.
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