[Drakim]

This isn't actually a new problem though!

After all, what if the JavaScript on a website makes an AJAX request to fetch illegal content and store it in your HTML5 LocalStorage?

Bam, you are now a criminal in possession of illegal content of some sort.

[Beldur]

In Germany at least, downloading is not a big problem as is sharing and uploading.

[ascagnel_]

In the US, copyright is also more about sharing/uploading than downloading (if I remember right, all of the RIAA lawsuits were for uploading). The bigger issue is if the exploit has you download something that's illegal to possess (eg: illegal pornography).

[Zoobu]

Is it still illegal content if its a fragment, or part of, the file? Because if its an encrypted portion of a file, then you actually only have bits of nothing.

[martindevans]

In the UK the police can demand encryption keys and, if you fail to supply them, throw you in prison for 10 years. So the punishment for having encrypted content which you do not have the key for could be far worse than actually having illegal content :(

[ethanbond]

Are you sure that they don't have to prove you know/can find/used to have the keys?

[lol768]

You're correct.

A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.

In proceedings against any person for an offence under this section, if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it.

For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if:

* sufficient evidence of that fact is adduced to raise an issue with respect to it; and

* the contrary is not proved beyond a reasonable doubt.

There's also a 2/5 year sentence maximum.

http://www.legislation.gov.uk/ukpga/2000/23/section/53

[nabaraz]

Do you happen to know how is it different in US? I am curious on what would happen if someone simply refused to provide the decryption key.

[riskable]

In the US we have the 5th Amendment to the Constitution which forbids the government from making you testify against yourself. Details can be found here:

http://en.wikipedia.org/wiki/Key_disclosure_law#United_State...

TL;DR: Case law is mixed on the matter but it sure seems clear to me at least. I don't understand why people can't just say, "I forgot it. Sorry."