Whether the government's own action in uploading a file containing child pornography from the defendant's folder on a peer-to-peer network to the government's computer constituted 'transport[ing]' of child pornography by the defendant within the meaning of 18 U.S.C. § 2252(a)(1)?

Question Presented Fernando Clarke was charged with, inter alia, two counts of transporting child pornography. At trial, the government witnesses testified that Mr. Clarke had used uTorrent, a peer-to-peer file sharing program, to download child pornography. The government then used its own program to transport the child pornography from Mr. Clarke’s computer to a government computer. Mr. Clarke took no part in this movement of child pornography from his computer to the government computer. The question presented is whether the government’s own action in uploading a file containing child pornography from the defendant’s folder on a peer-to-peer network to the government’s computer constituted “transport[ing]” of child pornography by the defendant within the meaning of 18 U.S.C. § 2252(a)(1)? i