As in the title of Peter Allen’s song, “Everything Old is New Again,” probably best known for its appearance in the Bob Fosse-directed film “All That Jazz,” such is the situation with a couple of recent decisions issued in California and Nebraska. In both cases, the respective courts cited a holding from a 2010 New York Appellate Division case to justify its decision, a holding that was subsequently rejected, with considerable notoriety, by the New York Court of Appeals in 2012.
All four cases deal with difficult issues raised as the result of a common feature of computer technology typically referred to by such terms as “cache,” or “Temporary Internet Files” or “TIFs.” By understanding how this process works, the difficulties caused by it when dealing with digital child pornography cases become more evident.
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