Defense: cached browser files are automatic and do not show "knowing possession"
Appellate counsel argued that cached images are created automatically by web browsers and that the record lacks proof Mr. Lane knew Exhibit 39 was stored or that he opened or modified it; counsel pointed the court to the trial record for expert testimony on caching behavior.
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Edward Wicksler, arguing for appellant Lane, told the court that Exhibit 39 was a cached image and that witnesses described cache files as artifacts of web browsing. "When you visit a Web site, your computer automatically saves any image contained on that Web site onto your hard drive," Wicksler said, arguing that automatic caching alone does not show a person knowingly possessed the file.
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