In March 1992, Danish police seized the business records of BAMSE, a computer bulletin board system based in Denmark that sold child pornography over the Internet. The records included information that Mohrbacher, who lived in Paradise, California, had downloaded two graphic interface format (GIF) images from BAMSE in January 1992.
In March 1993, police executed a search warrant at Mohrbacher’s workplace and found, among other images, two files that had been downloaded from BAMSE, one of a nude girl and one of a girl engaged in a sex act with an adult; both girls were under 12. During the execution of the warrant, Mohrbacher was cooperative, confessing that he had downloaded the two images from BAMSE. Mohrbacher was charged with transporting or shipping images by computer as prohibited by 18 U.S.C. 2252(a)(1). Mohrbacher argued that downloading is properly characterized as receiving images by computer, which is proscribed by section 2252(a)(2). He was not charged under (a)(2).
Should downloading from a computer bulletin board constitute shipping or transporting within the meaning of 18 U.S.C. section 2252(a)(1)? Explain.