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The Virus Did It

scubacuda writes "The Inquirer and Get Reading report that a UK man accused of having pornographic pictures of kids on his computer was acquitted after a court heard that his machine was infected with a Trojan on his PC which probably auto-downloaded the images. (In light of moves like Operation Ore, we'll probably hear more defenses like this.)"

25 of 373 comments (clear)

  1. Insanity by dledeaux · · Score: 5, Funny

    Human: I plead insanity! I wasn't aware of my actions at the time that I was doing them. I can't be held responsible.

    Computer: I plead trojan. I wasn't aware of my actions at the time that I was doing them. I can't be held responsible.

    1. Re:Insanity by Dogun · · Score: 5, Informative

      Forgive the sound of the dying giraffe, but I have to say that the insanity defense is no joke. NGRI is something under constant attack by people who don't really understand it.

      Consider this: you are driving your car. you hit a baby, baby dies. You weren't driving particularly recklessly, under the speedlimit, visibility was just low. It's sad and it happens.
      Consider this: you are drunk, driving your car. And by drunk, I mean you are impaired. You aren't driving particularly recklessly, but the same thing as above happens.

      Now, this doesn't apply to NGRI directly, but consider this: the circumstances around a crime impact the meaning of it. Both of those situations flat out suck, but the argument is that you were being especially irresponsible in the second case, but not in the first.

      Let's say you are sane and you kill a guy named Sam. (Sorry, Sam.) He kicked your dog, and now you're going to pump his head full of lead and do some of that stuff out of the first scene of "Way of the Gun".

      Now, consider case two: you are insane, and you believe that Jodie Foster is in love with you and tells you to do things, and you feel complied to do so. You are not even aware of your delusion, and the fact that you are having the delusion implies that a great deal of your judgement is impaired. In fact, you could say that you didn't know what you were doing - you can still remember doing them, but you thought you were killing the martian high leader of the invasion force or something. In this case, are you responsible for killing a man, or are you responsible for falling for a delusion, which to you seemed very, very real.

      I argue that in this case, you are not guilty of the crime you are charged with because you frankly were not in control of your reality.

      And ultimately, if you look up statistics on the defense, you'll find that it is hardly ever used, does not work when it should, and that the mean time spent incarcerated in mental hostpitals by NGRI people is higher than the mean time spent in prison for the same crime.

      There is actually a famous case where a guy shot somebody very important under the compulsion of one of his delusionary characters and was found not guilty by reason of insanity, who is now sitting, treated, recovered, in a mental hospital, getting clean review after clean review and not being released by the board that controlls his release.

      Whine as much as you want about the implications of this trojan defense, but don't equate it or compare it to the not guilty be reason of insanity defense. They are quite different.

      Also, note that it *IS* possible that a trojan's job would be to search for child pornography on Kazaa or something. Ultimately it'll probably just pull up legit porn, but somebody COULD design such a program.

      Now, granted that, the prosecution should have made a serious attempt to disprove the defendants claims. I suspect they did otherwise.

  2. perhaps... by HBI · · Score: 4, Funny

    Perhaps Mr. Schofield should be charged with the misdemeanor offense "Running Windows".

    Some community service should put things aright, methinks.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  3. Hmmm... by DarkBlack · · Score: 4, Insightful

    I guess you should have invested in some virus protection software. Could have saved a lot of money.

    1. Re:Hmmm... by NetDanzr · · Score: 4, Funny

      Or you can turn it the other way round. Suddenly, I have the urge to ununstall all my virus protection and run that trojan I found, which automatically downloads mp3s of my favorite artists ;)

  4. What's the Point... by Valthonis · · Score: 5, Interesting

    ...of making a virus that downloads child pr0n onto a remote computer? I thought virii were created to wreak havoc, not frame random computer users... or am I wrong? And furthermore, if a jury can believe this defense, what's to keep all the imminent RIAA and MPAA suits from being defused by the same argument? FIRST POST! WOO!!

    --
    "Life in every breath... that is bushido"
    1. Re:What's the Point... by ergo98 · · Score: 4, Insightful

      The point of trojans generally is that they let the evil hacker commit crimes in a less trackable way: Whether it's DOSing Yahoo, defacing websites, or cracking into banks. It seems logical to extrapolate that that they could use it to download and archive their child pornography as well, leaving all tracks pointing to the poor trojaned PC owner, while the hacker disappears into the night. While it's obvious that defenses like this mean that every child porn fanatic is going to stick a trojan on their PC to have a legal out, realistically it means that law enforcement should consider options when they move in on a suspect, such as monitoring all incoming and outgoing traffic for control commands, etc, or replacing the user's PC with a honeypot.

    2. Re:What's the Point... by mindaktiviti · · Score: 5, Insightful

      "...of making a virus that downloads child pr0n onto a remote computer? I thought virii were created to wreak havoc, not frame random computer users... or am I wrong? And furthermore, if a jury can believe this defense, what's to keep all the imminent RIAA and MPAA suits from being defused by the same argument? FIRST POST! WOO!! "

      Didn't wreak havoc? The guy lost his 500 pounds a day job, didn't work for two years, got his named associated with child pornography...this trojan already made him lose out on two years of his own life. I'd say that constitutes as wreaking havoc.

    3. Re:What's the Point... by N1XIM · · Score: 4, Interesting

      Not only is it possible.......IT HAPPENS! I have worked on a friends machine where some guy from the ISP (RoadRunner) was using port 53 (yes, the nameserver) to force him to log onto the ISP's network--thus allowing the intrepid sikko to download kiddie porn through this guy's machine via a trojan horse + buffer overflow (use the buffer overflow to place the trojan) attack. This is on WinXP, WinME, and Win98. I know this because I did the packet trace & analysis of what happened when he booted the machine. When he switched to my local nameserver running on my laptop, mind you, he got spared.
      So, not only is it possible, it is being done.
      I now run UNIX as much as possible--especially since one of my idiot roommates just switched us to RoadRunner (even after I told her about this happening......). This guy whose machine I worked on was behind a firewall, and he still got hacked. UNIX it is for me, thank you.

  5. Sounded fishy at first... by Hee+Hee+Hee · · Score: 5, Interesting
    This sounded fishy at first, until I saw
    "The specialist found the day before the images were downloaded the program was implemented, so there's a direct correlation between them,"
    in the second article cited. Kinda makes you want to update your virus detection/bot detection/firewall/etc, doesn't it?
    --
    - Bill
  6. I must have lots of viruses.... by hoggoth · · Score: 5, Funny

    They've been downloading MP3s, porn, movies, all kinds of stuff I am not aware of!

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  7. UK Law... by MrBandersnatch · · Score: 5, Insightful
    In the run up to the case, according to the Reading Evening Post, Mr Schofield suffered vigilante attacks and had to first hide in his home then move away to avoid continued attacks

    Yet another example of why the decision to allow defendants in criminal trials to be named was a bad decision *sigh*.

    As to the story - sounds strange that a trojan would do that unless someone was using his machine as a proxy and in that case why would the images be cached on his system?

  8. he lived near me by Anonymous Coward · · Score: 5, Informative

    This bloke lived near me, he was hounded out of his home by ignorant fuckwits who presume that becuase somebody lives with their mother and father (after the age of 18) and is being done for paedophile images, the must be guilty.

    It's a bit of a wake up call to the moronic masses that people can be innocent as well as guilty!

  9. the largest security hole is the client machine by Submarine · · Score: 4, Interesting

    The more it goes, the more I think that the main issue of online security is not the protocols (SSL, SET...) but the security of the endpoints, and particularly of the clients.

    I would not be surprised if we found a virus that searches through the local (and even LAN-accessible) documents for interesting keywords or types of information, then somehow manages to send this information back to some spying agency. In fact, I think this has probably already been done.

    Imagine the potential:
    • economic espionage
    • blackmail (emails showing that he has a mistress / has taken illegal bribes...)

    Of course, most corporate networks are firewalled. Still, lots of binary data is exchanged. You just have to hide yours in the flux... Do you really think this would be noticed in the middle of a virus attack?. Traffic analysis would be thwarted by the viral attack sending information in many directions, with no obvious destination. Onion peel routing and distribution through Usenet or WWW bulletin boards could do the rest - untracable information.

  10. Acquitted - but... by Chocaholic · · Score: 5, Insightful

    The problem this guy is going to face is that, despite his conviction, the prevailing mood in the UK is such that he will still find himself stigmatised for a very long time.

    As he found out from the vigilante attacks before his trial, the maxim "innocent until proven guilty" doesn't seem to apply for some people any more - the witch hunts led by certain newspapers mean that any slight suggestion of paedophilia turns the accused into an immediate fugitive.

    Therefore, though it's very kind of the Crown Prosecution Service to accept this explanation at trial, why did they wait before it was up before a judge with all the attendant publicity before letting him off the hook?

    In the minds of some people as well, there's going to be an attitude of "that's right, blame it on the computer - he would say that, wouldn't he?". Technology-based defences simply don't hold water for a lot of non-technical people - which with the increasing number of technological offences being put to juries is quite a worry.

    So, this guy will still be stigmatised as a paedophile, all for the price of some virus checking software...

  11. Bye bye Symantec... by dreadpiratemark · · Score: 5, Funny

    I gotta keep this short 'cause I have to go uninstall Symantec Norton Antivirus Corporate Edition to make sure that my company lawyers have a good defense for some of our employees.... Hell, I might just turn off our firewall and load MS Backoffice for an OS as long as we're looking to give more people/programs easy access.

  12. Not unheard of by DavidLeblond · · Score: 4, Interesting

    My brother called me one day to say that his new computer had run out of disk space and he didn't know why. I connected to his computer via Remote Desktop and browsed his folder and when I got to his My Music directory it was full of 7 gigs of movie files, none of which he had seen before. I deleted them and suggested he get a firewall program.

    Sure enough, as soon as he got his firewall up he got a slew of alerts about people trying to connect to his computer. I make sure I keep my firewall up at all times now.

  13. One more thing by Dogun · · Score: 4, Informative

    Once again, sorry for bleating like a dying, clubbed baby seal, but I felt that I should add that although I don't have any links that I can think of right now DIRECTLY on the subject, I would like to direct you to a series of essays on kuro5hin.org, written by a man living with schizoaffective disorder. Although it probably won't change your viewpoints, perhaps upon reading about some of this guy's experiences, you'll have a building block to construct a more enlightened philosophy of justice and of mental disorder.

  14. Let's take this one step further by Raul654 · · Score: 4, Funny

    Yes officer, the lock on my front door has been broken for a few weeks now. That body is in the basement because some bastard probably dropped it off there while I was at work

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  15. Re:Dubious....... by wazzzup · · Score: 4, Insightful

    I find it entirely feasible that a person would not notice a large amount of files added to their computer. Not all people know their computer well enough to notice image files being added onto their hard drive - particularly if added to a system directory or somewhere a casual user doesn't normally peruse. Take OS X for example - I could load tons of files into the /var directory. To see the contents of /var on a normally configured OS X machine you have to go to the terminal or specifically configure the file browser (Finder) to make those type of directories visible. On my Windows 2000 machine at work I cannot browse the WINNT directory unless I click on Show Files (after reading the "This isn't the directory you're looking for. Move along now." warning). I'm 99.99% sure that I could add a gig of porn to my parents hard drive and they would never be the wiser.

    Because those of us at Slashdot are more technically adept and let's face it - our computers are a major part of our day-to-day life - we assume incorrectly that everyday people are more capable with their computers and see them more than just a box that balances their checkbook.

  16. It's possible. I've seen it! by Anonymous Coward · · Score: 5, Interesting

    2001-12-25 02:34:02 Porn trojan virus? (articles,security) (rejected)

    I've seen and disinfected a laptop of a friend who was infected with a virus that downloaded porn pages in the background whenever he connected to the internet. I guess it was to collect link credits. His history and cache would fill up with porn crap and he claimed to not be visiting the sites. At first I didn't believe him (obviously) and was surprised when I saw the behavior for myself. Beware!

  17. My experience� by (H)elix1 · · Score: 5, Interesting

    I see a lot of comments about - wink, wink - sure it was the virus, or dumb ass for executing a Trojan.

    My first lesson with an improperly configured Linux box outside the firewall was when my ISP called asking about some insane bandwidth use. What? I checked the box and it seemed fine. Found out the traffic was on FTP, which I was not using. Sure enough, tons of porn and other files were getting uploaded and downloaded... all the files in a hidden directory. The box was owned, and I ended up rebuilding from scratch, this time leaving services off I did not actually use and patching some of the services I did. Than I discovered ssh and a few other key insights that were new to me.

    I cannot believe I am the only one this kind of thing happened to...

    1. Re:My experience� by Greyfox · · Score: 4, Interesting
      Yeah well you can't prosecute someone for (just) being an idiot.

      Most new Linux folks (myself included) go through the "I don't see why I can't run as root; I know what I'm doing" phase of sysadminning. They also go through the "I'll give everyone I know accounts on my system" phase of sysadminning. Once they get owned a couple of times, most of them learn and don't do that anymore.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  18. No Judge... by Spleen · · Score: 5, Funny

    I didn't notice the folder named "Child Porn" and all the neatly arranged subfolders inside of "My Documents".

  19. How can they tell? by Anonymous Coward · · Score: 4, Insightful
    I have to ask this question because I'm sure I'm not the only one wondering. How can someone tell if a particular image is of a child in a pornographic contex? In all honesty the crap that many people label as child porn is just an early picture of young-looking porn star, like Devon or Allisyn Chains. The so-called lolita pictures are typically a 30-year old women in pig tails and a school girl outfit. I know this because like damned near all of you I have seen porn. It's nothing to be ashamed of. We're all adults here. However I will say that I've seen some pretty questionable photos, even in my mind's eye. Some of them I honestly couldn't say if they were or weren't or a minor. That's not to say that they were for certain but that's also not to say that they were of an adult. How would a law-enforcement person prove that the person in the photo really is a minor? Wouldn't they have to find that person and get that person to say on the stand when the photo was taken and how old they were at the time? Anything else would be pure speculation. I know baby-faced and flat-chested seniors in college who could pass as a 14 year-old. Meer appearances are deceiving.

    I imagine many of you have used P2P apps like KaZaA. I'd bet money that almost all of you even downloaded some porn with it. Don't be bashful. There's nothing wrong with it. However I'm sure you too have noticed the overwhelming amount of BS crap files that get turned up in searches. Many of them say "underaged" or "pre-teens" or many other things that indicate a minor child. And many of them are pure junk and are simply pictures ripped from a Girls Gone Wild video. However some times you end up downloading a picture you just can't identify. You really can't tell if those are kids, flat-chested and baby-faced college seniors, or midgets. If you don't delete these files and leave them on your computer, are you now guilty of having child pornography if someone proves that the picture you downloaded 1 year ago and is still in you junk directory?

    Lets say for example that your ex knows you have porn on your computer. Hell she and you used to watch it together. You break up with her and she's pissed. She makes an anonymous call to the police one night when drunk. The next day and overzealous police officer has a warrant from a judge looking for some good PR for the election coming up. They confiscate your computer and arrest you, even though all they have as proof is the anonymous tip. A lab goes through your hard drives and CDs while you're grilled by a cop with bad breath over how you abuse children. You don't want to call for a lawyer because you don't want to seem guilty. You think it's all a big mistake. The lab boys come back with the porn. The cops browse through it. A picture comes up of Devon in her early years. "Does she look like a minor to you, Bob?" "She sure looks like a minor to me, Chuck." They arrest you and charge you with child pornography, even though they have confirmed that the person in the photo is a minor. The PD and DAs office goes public to say how they've arrested a vile child pornographer. Media coverage. Citizen outrage at him. yadda yadda yadda. In the meantime he's arrained. This gives an assistant DA time to go through all the porn on the hard drive. Whoops. It turns out that the photo the cops thought was child porn wasn't. Hell it obviously wasn't. Damn overzealous cops. Nevertheless he goes through all the porn. He even enlists the help of a person in the pornography business who can recognize many of his fellow actors. Finally they come down to a small handful of pictures that no one can identify. Of these 3 could be of a minor. The DA picks the most child-like photo as proof and goes to trial. The prosecution paints the defendant as a vile, horrible child pornographer. A few of his ex-girlfriends step into the lime light to say how he was abusive or was obsessed with kids or some other bullshit like that. The defense lays out the facts of law and that the photo can't