If a tree falls in the woods, does it make a sound? And if a person puts child pornography in a shared folder, but no one downloads it, has that person "distributed" child pornography? By a 2-1 margin, the Third Circuit said "no."
David George Husmann was already on supervised release for a child pornography conviction when the probation department was alerted that his computer had accessed pornographic websites. A probation officer visited his house, ultimately seizing four USB flash drives. Husmann also had file-sharing applications installed on his computer. Several of the pornographic files were in a "shared" folder that could be made available to others on the file sharing network.