The viewing is illegal in Canada. BTW, you can't actually view something without downloading it. It might be an automatic process, but it's in your computer's cache.
The law says nothing about having to pay for it, either here or in the US.
From what I'm reading, state laws vary - and yes, do refer to having paid for it. Also, on some sites the pics are available without purposely downloading them; ie: clicking on "download" - which must be done to view some things out there.
But what you're saying about the "computer's cache" is true, and can be scary - because I'm reading that people have things on their computers that they have no idea are there because visiting one site can result in the computer "caching" something from another site. I just read a case about a high school boy who was visiting porn sites on his computer - not child porn - but unknowing to him, that site linked him to a child porn site, which his computer picked up on and stored without his ever having visited the site.
The police showed up at his door and he was dumbfounded - and in deep trouble with the law. He passed every lie detector test and every psychological evaluation saying he was telling the truth, but the "evidence" was there. It's scary, really.
At any rate, this is why it's not illegal just to "view" in some states, as a person could unintentionally come upon it. To save it or purchase it is illegal everywhere.
Edited by American Woman, 08 February 2012 - 03:07 PM.