[awesomepantsm]

There was a case I read which said roughly that, yes, if you clear your cache, and are not technically savvy enough to know the files could be recovered, then as far as you knew, the files were actually gone, and you no longer "possess" them legally.

Of course, proving that you are an idiot is always a great start to a trial, but it's worked in the past.

[zenhack]

I don't think not knowing enough about computers to realize that "delete" doesn't actually delete the data qualifies someone as an idiot.

[duxup]

Well if you are technically savvy... maybe you'd go a step further too and then you do think they're gone, its a whole other question... or the same one.