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Kiddie Porn - The Virus Did It

The New York Times reports on a British man who was accused of downloading child pornography, and who successfully convinced the court that a virus did it. This is at least the second time this has happened. These cases are extremely interesting since they bring together all sorts of issues of computerized agents - who is actually responsible when your computer does something?

104 of 610 comments (clear)

  1. Virus? by Renraku · · Score: 5, Funny

    "It wasn't my fault, Officer. Honest, the video said it was Terminator 3 when I downloaded it!"

    "The evil hacker even took the time to arrange and sort those pictures by series!"

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Virus? by dbleoslow · · Score: 3, Insightful

      I think it's time that people took some sort of responsibility for their net surfing. Situtations like this will pop up from this point on. People don't have to know how a computer works, but they should be able to run a virus scanner or take it to someone who does. If I notice that my car's brakes aren't working that well, I can do one of three things. I can A: repair the brakes or B: take my car to someone who can to fix the brakes or C: drive around as if nothing's wrong. If I run over somebody because my brakes don't work, I'm pretty sure I can get sued because I'd be responsible for my car. You can do quite a bit of damage with a computer that's connected to the internet nowadays. People should be required to take responsibility for the health of that computer.

    2. Re:Virus? by Blue+Stone · · Score: 4, Insightful
      Well, of course you don't need a license to use a computer. You don't need to pass a competency test to get your hands on a box connected to the net.
      But then again, you can't wipe out several generations of a family by crashing your computer.

      I think you're overstating the case. Nobody died.
      This guy's ignorance was only a danger to himself.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    3. Re:Virus? by glesga_kiss · · Score: 5, Insightful
      If I notice that my car's brakes aren't working that well, I can do one of three things. [snip] If I run over somebody because my brakes don't work, I'm pretty sure I can get sued because I'd be responsible for my car.

      Yes, but common knowledge tells everyone what the brakes do in a car. You do a driving test that requires the use of the brake.

      A lot of the people who use the internet these days know nothing about it. I'm sure that at least 90% of web users are oblivious to the fact that it's possible for a mallicious web page to crash your browser, install a trojan, and do all sorts of nasty stuff. How many click OK to Comet Cursor or "magical time sync software"? Who here hasn't been asked to help a friend with a troublesome system, that was found to contain all maner of trojans and ad-ware?

      It's often said that ignorance isn't an excuse. I'd argue against that in many cases. Ignorance is an excuse where it would take 3-4 years of learning about IT to be aware of what's going on under that case.

    4. Re:Virus? by dbleoslow · · Score: 2, Insightful

      Yes it is a apples and oranges comparisons in many ways. You can wipe out serveral generations of family with a car, but you an also wipe out the savings of generations of family with a computer. That is another extreme example but it can potentially happen. And you don't have to pass a test to buy a car, just to legally drive it. There's plenty of unlicensed people out there causing accidents and they're held responsible for it (if caught of course). Nothing bad happended to this guy but it's only a matter of time before something bad happens to someone. The internet age is still young and as more people and services move the the net, the potential for damges increases.

    5. Re:Virus? by hrieke · · Score: 2, Interesting

      Agree 100%- But not everyone has the time or the ability to read and understand something of a technical nature. I'll use my sister as a case in point.

      My sister and her husband bought a fax / scanner / printer machine from HP this past May. When I was visiting them, I was asked I would make it work, since they couldn't figure it out (two very smart people too).
      'Of course' I told them, 'I'd be happy too'.
      The first thing I did was sit down and read the instructions, and then started to install the software. While that was going on I hooked all the hardware together- which caused my sister to become all confused. So I asked her if she had read the instructions, to which she said 'Yes, I got to this point and it doesn't work'.
      I then asked her if she had finished reading the instructions, to which she replied 'No, because I didn't see this' as she pointed to the page.
      If she had read the whole instructions then she would have known what to do beyond the point where she was stuck, and had some solutions to make the PC and the printer / fax / scanner work together. (I would also place some blame on HP for their product, since the instructions where not the clearest written, but that's another topic)

      My point is that even if someone does read the manual, and learns how to use the machine, understanding the WHY and HOW are equally important, and then there are people like my sister who just don't have the time, and expect things to just work. (And don't even get me started on the laptop connected to the net without a firewall...)

      --
      III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    6. Re:Virus? by yoshi_mon · · Score: 2, Insightful

      You can wipe out several generations of family with a car, but you an also wipe out the savings of generations of family with a computer. That is another extreme example but it can potentially happen.

      The question is, how? If I fail to stop for a red light I can cause terrible damage to someone else. If I drive into an oncoming lane I can do the same. Both of these actions are full wrong and preventable by me following the rules that have been setup.

      Now, exactly how would I "wipe out the savings of generations of a family?" Is it as easy as deciding to not press a break petal? As easy as shifting a wheel a few degrees to the right or left? Not hardly, I know of NO way that I could bypass the safeguards that have been setup to protect financial institutions with such ease or without forethought.

      To bypass such safeguards would require not only special skills and knowledge, but you would also actively know what you were doing during the process. (IE knowledge that you were actively breaking the rules that have been setup.)

      Whereas a trojan or virus is designed to infiltrate a persons PC without their knowledge and do things that they have no knowledge of. And in most cases does things that they would not even have the skills to do either.

      This whole analogy is flawed and silly.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    7. Re:Virus? by Pfhreakaz0id · · Score: 3, Interesting

      sorry, I don't agree. The answer is to make this stuff easier to understand and use, not restrict it's use. And yet it seems the same crowd who backs restricting usage ridicules the ease of use stuff like Macs, aol, etc.

    8. Re:Virus? by pantycrickets · · Score: 5, Insightful

      If I notice that my car's brakes aren't working that well, I can do one of three things. I can A: repair the brakes or B: take my car to someone who can to fix the brakes or C: drive around as if nothing's wrong. If I run over somebody because my brakes don't work, I'm pretty sure I can get sued because I'd be responsible for my car.

      Once again, someone who tries to apply a metaphor from the real world, and fails.

      You see, almost every day I get kiddie porn spam. Young russian girls, y.o.u.n.g BOYZ!, girls and horses, all kinds of crap. Sometimes they attach pictures, usually they don't. I always delete them. They're not actually deleted of course though, and the thought has crossed my mind: could something like this be used as a form of entrapment?

      "Look, we found KIDDIE PORN in his TRASH FOLDER!!!"

      So, if you wanted to make a little comparison with real life, in this case it would be more akin to someone cutting your brake lines and you driving into a crowd of people and then being held responsible then sent to prison.

      Of course, since the moderation system on Slashdot was meant to censor anyone with an even slightly unpopular opinion.. this will be posted at 0. Oh well..

    9. Re:Virus? by another_henry · · Score: 5, Informative

      Being a close friend of the the man's son, Alex Green, I can attest that his story is true - but there is more to it than that. Mr Green's older daughter (14 at the time, I think) had a vendetta against him for several years. She was the one who reported it to the police, and most of the Green family believe she put the porn on there to incriminate him. Of course Mr Green wouldn't testify against his own daughter, although he doesn't consider her a daughter any more...

      --
      "Studies have shown that people who eat peanuts live longer than those who do not eat."
    10. Re:Virus? by printboy · · Score: 2, Interesting

      It's often said that ignorance isn't an excuse. I'd argue against that in many cases. Ignorance is an excuse where it would take 3-4 years of learning about IT to be aware of what's going on under that case.

      I not sure I can agree although it sounds reasonable. How long does it take to go through law school? If I do something that seems reasonable and it turns out to be illegal, I'm screwed. The only way to know for sure is to become a lawyer and even then laws aren't static.

      It doesn't take four years to teach someone the basic concepts of safe computing, it's that users are to lazy to actually learn something as it takes away from there TV time. I have seen a couple a freely available pages on the net that teach is in less than an hour but you have to read it. Ok well maybe it was an hour a day for a week, still much less time than learning how to drive a car. (I'm just talking about safe computing)

      Sorry, I don't mean to sound angry, I have been doing tech support for over 16 years now and the majority of "problems" are just people who can't take the time to RTFM and not actually a problem at all.

      Trying is the first step towards failure. H.J.Simpon

    11. Re:Virus? by KronicD · · Score: 3, Interesting

      There are lots of issues to consider here, firstly the daughter claim... his daughter may have had a vendetta against him because he molested her, or she knew that he was commiting acts against children and just wanted him to get what was coming to him. Who knows...

      also the other thing to consider (and i have some experience in this) when i was getting started in computers and did some stupid things (bruteforcing passwords from my own system), i always ran a copy of BO on my own pc, so i could blame "the evil hackers" if it came down to it. Possibly he was doing the same thing with much more sinister acts.

      Either way, this defence is flawed and in my opinion the prosecution could have done a whole lot better on this one.

      --
      "Those who would give up Essential Liberty, to purchase a little Temporary Safety, deserve neither Liberty nor Safety"
    12. re: virus? by ed.han · · Score: 2, Insightful

      the question is, how often do you upddate your virus definitions? aren't the vast majority of cases of hacked boxes out there older apps?

      i would expect that any defense attorney will summon expert testimony to point out that porn spam is ridiculously common and the fact that it was deleted should mitigate its being found on your HD.

      ed

    13. Re:Virus? by UnknowingFool · · Score: 4, Informative

      Unfortunately those who should know about computers don't. Former CIA head John Deutch was found to be using his non-secured home PC to store sensitive government files, despite the fact that the CIA set him up with a secured PC at home. This is the former freakin' head of state intelligence for the US. He probably isn't a total idiot, but his lack of computer savvy extends to most of the population.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    14. Re:Virus? by Hentai · · Score: 5, Insightful

      Yes.

      And just like the Committee on Anti-Communist Activities, or the Salem witch trials, the answer will continue to be "yes" until a sufficient number of high-profile people have been inconvenienced by it. Right now, the witch-hunt is under control. But like all fires, it will quickly go wild, and the frenzy of the mob will take over - at which point, there will be a few nasty incidents until someone powerful and influential is damaged, at which point the tides will change and we'll all realize what a mess we've created.

      Then we'll find a new name and a new face for it and start the whole process over again.

      --
      -Hentai [in vita non pacem est]
    15. Re:Virus? by 0111+1110 · · Score: 5, Insightful

      Are you saying that most people like to look at kiddie porn?

      If you define kiddie porn as any sexually suggestive photo of a female under the age of 18 (the legal definition), then yes. If you define it as the same type of photo of a female under the age of 11 (the pre-pubescent, almost boyish look), then I would say no.

      Everyone seems to have their own definition of "too young". Forget about how bad most guys are at actually being able to differentiate the photo of a 14 or 15 year old from on 18 year old in real life. Of course, some people are very good at guessing people's ages.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    16. Re:Virus? by unshaven23 · · Score: 2, Informative
      You see, almost every day I get kiddie porn spam. Young russian girls, y.o.u.n.g BOYZ!, girls and horses, all kinds of crap.

      For some reason I think you are confusing child pornography with the *HOT HOT TEENS TEENS* mails that everyone receives every once in a while. If I'd receive spam for child pornography I'd make damn sure that that account is killed off, and my mailclient is squeeky clean of "backup" files.

      could something like this be used as a form of entrapment?

      Entrapment from who? The government? The law? If someone plans on sending you child pornography as an elaborate skeem to get you in jail, then you have made an enemy of someone in ways that I'd never like to make enemies.

      "Look, we found KIDDIE PORN in his TRASH FOLDER!!!"

      "Oh, and look, he's also a collector of viagra ads, herbs that increase stamina, and Nigerian business opportunities..." Please, I think that law enforcement agencies are more active in finding people who actively distribute and download child pornography than this.

      Of course, since the moderation system on Slashdot was meant to censor anyone with an even slightly unpopular opinion.. this will be posted at 0. Oh well..

      I think I found the trick to getting a positive score on slashdot. Just say that you disagree with moderators, and they'll mod you up like crazy, even if you're producing drivel.

    17. Re:Virus? by Dalcius · · Score: 2, Insightful

      Eh, I don't think so.

      You've missed the whole point. AOL is easy to use on the surface, but no typical AOL user is going to be able to tell you what happens when he enters an AOL keyword and presses enter.

      A computer is not like monopoly, or a dishwasher, or a screwdriver. A computer is a gateway to an insane number of tools, all of which function in different ways. To use a computer, you can't expect to learn it overnight just as you don't learn to drive a car (another complex task) overnight. To understand what a computer is doing is much analogous to understanding how a car works: very few people actually know.

      Even hardcore developers accidentally leave security holes in programs they design, how can we expect a mere user to take responsibility for his box if someone else hijacks it? If someone steals your car and runs someone over, is it your fault now?

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    18. Re:Virus? by Alsee · · Score: 3, Insightful

      his daughter may have had a vendetta against him because he molested her

      Maybe he molested his daughter?? Maybe he was commiting acts against children?? You just pulled those MAYBEs out of your ass! There wasn't a single word in the article to suggest any such thing.

      You're on a fucking Which Hunt!

      Pardon my languge. I don't generally write gratutious profanity on my posts, but I am completely flabberghasted that someone would just make up such things and essentially call the prosecution negligent for not locking him up.

      so i could blame "the evil hackers" if it came down to it. Possibly he was doing the same thing with much more sinister acts.

      POSSIBLY. Yeah, we better convict him because it's POSSIBLE he's guilty! Why waste time trying to proove he's guilty? We Must Protect the Children! KIDDY PORN! KIDDY PORN! We must convict this pervert! Even if he's innocent! Yeah, that's it! We need to convict him especially if he's innocent! We need to send a message to those perverts!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  2. From Star Tribune by 2674 · · Score: 5, Interesting

    One evening late in 2001, Julian Green's 7-year-old daughter came upstairs from the computer room of their house in the resort town of Torquay, in western England, and said, "The home page has changed, and it's something not very nice."

    When Green checked the family PC, he found that it seemed almost possessed. The Internet home page had been switched so that the computer displayed a child pornography site when the browser software started up. Even if he turned the computer off, it would turn itself back on and dial the Internet on its own.

    Green called the manufacturer and followed instructions to return his PC to a G-rated condition. The porn went away, but the computer still often crashed and kept connecting to the Internet even when "there was no one in the blinking house," he said.

    But Green's problems were only beginning. Last October, police knocked on his door, searched his house and seized his computer. They found no sign of pornography in his house but discovered 172 images of child porn on the computer's hard drive. They arrested Green.

    This month, Green was acquitted in Exeter Crown Court after arguing that the material had been gathered without his knowledge by a rogue program created by hackers -- a so-called Trojan horse -- that had infected his PC, probably during innocent Internet surfing. Green, 45, is one of the first people to use this defense successfully.

    While a case that played out in the British legal system sets no precedent in the United States, legal experts say the technical issues raise two troubling possibilities. For one, actual child pornographers could arm themselves with a new alibi that would be difficult to disprove. Or, unknowing Web surfers could find themselves charged with possessing illegal material that a lurking software program has acquired.

    "The scary thing is not that the defense might work," said Mark Rasch, a former federal computer crime prosecutor. "The scary thing is that the defense might be right," and that hijacked computers could be turned to an illegal purpose without the owner's knowledge or consent.

    "The nightmare scenario," Rasch said, "is somebody might go to jail for something he didn't do because he was set up."

    Green was eventually exonerated, and he said he had no clue how the rogue software showed up on his computer. "I never download anything, and as far as I knew, no others had," he said.

    When his solicitor, Chris Bittlestone, hired a computer security consultant to examine the PC, nearly a dozen Trojan horse programs showed up on the hard drive.

    "When the report came in, it was very much what you would call a eureka moment," Bittlestone said. But Green took the news differently.

    "He was very quiet and said, 'See? I told you,' " Bittlestone recalled.

    "There's some little sicko out there who's doing this," Green said, "and he's ruined my life. I've got to fight to get everything back."

    Green's case could point the way to a new defense in U.S. courts , said Andrew Grosso, a lawyer and former federal prosecutor. The presence of a Trojan could mean that the computer is "not entirely under your control," he said, and a defendant could "legitimately point a finger elsewhere."

    1. Re:From Star Tribune by gujo-odori · · Score: 5, Informative

      As a former abuse admin at an ISP, I actually find his story pretty plausible. It's been common for a couple of years now for Outlook/Outlook Express worms to have their own SMTP engine for propagating themselves. "Special viewers" from "free" pr0n sites that disconnect a dialup connection and dial back to a 900 number or similar in an offshore location have been around since the early days of the commercial Internet. They're apparently a huge problem in Japan, because Japanese long distance companies were for a long time (and could still be) including warnings about that scam along with their bills.

      There are countless varieties of peer-to-peer networking programs out there. Lots of spyware, too.

      In other words, all the technology to create a worm that will, upon installing itself, set up to dial the Internet, harvest child pornography, and make it available to other zombies with the same program, is already on the shelf. All some sicko has to do is assemble it and release it in the wild. I find it entirely plausible that someone already has. Very disturbing, but plausible.

    2. Re:From Star Tribune by bzzzt · · Score: 2, Informative

      Check your BIOS setup, especially wake-up time.
      PC's have had this feature for a long time, so it's not totally impossible, just highly improbable to implement correctly due to buggy BIOS implementations etc.

    3. Re:From Star Tribune by Molina+the+Bofh · · Score: 5, Interesting

      Another possibility I see is that the cracker was using stolen credit cards to access these sites,or doing other risky operations.

      The cracker would do it from a remote (hacked) machine to avoid being traced.

      In this scenario, it was not a set up with the intent to fuck his life. Green would just be used.

      Another question that comes to my mind. According to the article, it was a family's PC. Supposedly, mom, dad and their daughter would use it. So why did they choose Mr. Green to be arrested ?

      What if it was their daughter ? Or even mommy ?

      Just because most sexual offenders are male ?

      --

      -
      Roses are #FF0000, Violets are #0000FF, find / -name '*base*' |xargs chown -R us && mv zig greatjustice
  3. Whoever caused it to by PyroMosh · · Score: 3, Interesting

    I would think that whoever caused the computer to act would be ultimatly responsable. If that someone wrote the OS with malicious code, then whoever wrote the OS. If that someone was a malicious remote user, than the remote user, and if that someone is the PC's owner, then the owner.

    The trick is prooving who caused the effect. It's not as simple as prooving who was behind the wheel of a car.

    1. Re:Whoever caused it to by Snooweatinganima · · Score: 2, Insightful

      and, for sure, that's an old concept: "nihil esse sine ratione" (Leibniz), nothing exists without a cause/reason behind it. If a trojan opens your box to the general public, and you do not have the ressources to locate that problem, then it's NOT your fault. Others did bad things with your property. It's like strangers having a orgy in your house while you're not there...of course, remembering to lock the door on your house is probably easier than to knowing how to secure your PC.

    2. Re:Whoever caused it to by KillerHamster · · Score: 2, Insightful

      From the article:

      "I know my son had a look at some iffy sites," he said. "He's a teenager."

      I know who I'd question first.

  4. Reg Free Link by FannyMinstrel · · Score: 5, Informative
  5. responsibility by mirko · · Score: 4, Interesting

    who is actually responsible when your computer does something?

    If it's passively, this could either be the user's or the software architect's fault (if some OS's security hole allow one to get into trouble).
    This could also be due to the ISP's neglect.

    if it's actively, the answer should be the same but now, the problem is that we (as in "the consumers") would have to argue about this against some ISP's or worse, against a software editor's lawyer, in which case, we don't weight enough not to be in trouble.

    concerning the present situation, I'd be somehow concerned if I learnt that like my ISP, my OS was actually logging whichever off my actions in order to prove the Law how bad I am actually behaving...

    --
    Trolling using another account since 2005.
    1. Re:responsibility by Renraku · · Score: 3, Insightful

      ISPs aren't at fault because they provide the connection. Upstream and downstream. They do not guarentee that its contents will be safe. That's what firewalls are for. Microsft or some OS company might/should be partially liable (maybe aiding/abetting?) if there's a well-known software hole that allowed the attackers to gain access to a computer even while the user is taking precautions to prevent that kind of thing. Especially since the user was hassled this much. People are probably going to say it was his fault for installing the trojans, but going to jail for a kiddie-pr0n charge isn't quite the acceptable punishment for computer illiteracy.. Maybe having his HDD formated, but not prison time.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  6. Newsgroups... by Anonymous Coward · · Score: 5, Interesting

    Many of the common adult newsgroups are polluted by paedophile images sent by hard-core porn sites. It's a serious problem because it means that the majority of newsnet-carrying ISPs and servers are actually carrying large amounts of kiddie porn.

    1. Re:Newsgroups... by glesga_kiss · · Score: 4, Interesting
      Many of the common adult newsgroups are polluted by paedophile images sent by hard-core porn sites.

      It's reassuring to me that someone else has noticed this. A friend suggested to me that I checked out the pr0n on usenet, which I did (and found some good stuff). However, I combined & decoded several series of files, one of which turned out to be kiddie filth. In my 10+ years of internet use, I've never actually stumbled across any before.

      In a panic (kiddie crap is a serious mess-up-your-life thing here in the UK, the media love the sales it produces), I deleted the images and removed the newsgroup cache file, never to get filth from usenet again. I was still paranoid that night at every knock of the door though. It's not too much to think that the police might be monitoring the ISP's newsserver, logging IPs against post viewing.

      The same problem could exist in any net technology, where you might not get a preview prior to download.

      This is a truly serious issue. Most of the folk here could fake this either way, to set someone up, or cover your own tracks. I was once asked by a lawyer to brief him on what is possible regarding date-stamps on files. My advice was that anyone who knows what they are doing can create any "evidence" they want in the digital realm. This will become a serious problem for many of our court systems, as they focus on hard evidence. Soon, digital evidence may be regarded as weak as eyewitness reports.

    2. Re:Newsgroups... by gillbates · · Score: 4, Interesting
      My advice was that anyone who knows what they are doing can create any "evidence" they want in the digital realm. This will become a serious problem for many of our court systems, as they focus on hard evidence. Soon, digital evidence may be regarded as weak as eyewitness reports. [emphasis mine]

      Hopefully, this will happen sooner, rather later. By far, the biggest problem I see with our society's dependence on computers is that they believe that computers are infallible. Most people are unaware of the ease with which a hacker could frame a person, leaving behind no evidence of his activities.

      IIRC, several years ago a man was almost convicted of embezzling based on a series of computer printouts in which the framer had altered the date and time stamps on the printed reports in order to show "evidence" of embezzlement. Fortunately for the defendant, the police had ripped the printouts out of the printer in a roughshod manner, and managed to pick up the first page of a subsequent report, which showed the correct date and time in the header. Had this not happened, this man would have been sent to jail for a crime that someone else committed.

      --
      The society for a thought-free internet welcomes you.
  7. Head cold? by danormsby · · Score: 3, Funny

    So the tissues by the keyboard were because you had a virus?

    --
    Omnis amans amens
  8. Pissed at your neighbor? Don't bother to nag... by Anonymous Coward · · Score: 5, Interesting

    Roughly twenty years ago it was hyperbole for the Dead Kennedys to "sing" about things like this. I forgot which song it was, and you have to remember the culture was more conservative in some ways twenty-odd years ago, but the words went like this:

    Pissed at your neighbor?
    Don't bother to nag.
    Pick up the phone.
    Turn in a fag.


    Well add about a million times as many transistors and just a little bit extra effort on the part of the spiteful neighbor, and change the setup, and bingo--instant permanent damage to the private citizen you hate, for whatever reason!

  9. Where I come from... by Phekko · · Score: 5, Funny

    the law in Finland (IANAL, but still) says "if you know or SHOULD know..." I believe this one falls under the "should know" category.

    Now that we're on this topic, though, does anyone know where to get a virus that downloads high quality images of nubile women with scant clothing who are of legal age?

    --

    Sigs for Nerds. Sigs that Matter.
  10. Sounds like those "porn downloaders" by AndroidCat · · Score: 3, Informative

    There are spammers/pr0no pages that try to get you to install a "porn downloader" ActiveX control. (If the security settings in IE are really bad [default?] IE might just suck it down for you.) Then it changes your Internet connection to a dial-up via an expensive (900-type or long-distance) connection. No doubt it installs various backdoors too.

    --
    One line blog. I hear that they're called Twitters now.
  11. Re:Only One Conclusion by lederhosen · · Score: 3, Interesting

    Do not be stupid. Of course it is a valid defence.

    Most viruses do not need an unsecure os, just a clueless person. Of course I do not think it was
    a virus, but *if* it was a virus, then of course it would be an excuse.

  12. The problem is over-aggressive law enforcement by heironymouscoward · · Score: 4, Insightful

    This is probably an unfashionable idea, but the problem appears to be more that law enforcement agencies are treating child porn as an easy way to increase their scores. In truth there is probably little basis for treating downloading of child porn as "criminal behaviour", although the making and selling of it is most definitely so. I'm not defending child porn, but it's entirely possible that it represents for many would-be child molesters, an alternative way of satisfying their unhealthy sexual tendencies.
    Aggressive policing against people who have (for whatever reason, and there may be many, both innocent and less so) child porn on their computers is counter-productive. It does not protect children, it does not prevent child abuse, it does not catch the real exploiters, but it does create grief for many people who have done little more than click on the wrong button.
    Crime and punishment must be based on some kind of real moral injustice and the redressment of this. I don't think this is what we're seeing in these cases.

    --
    Ceci n'est pas une signature
    1. Re:The problem is over-aggressive law enforcement by aug24 · · Score: 2, Insightful
      In truth there is probably little basis for treating downloading of child porn as "criminal behaviour", although the making and selling of it is most definitely so.

      This is an old and dangerous canard. Firstly, there is a mass of evidence that photos are taken to order within groups of abusers, and secondly (for sex crimes in general) those with pictures are statistically likely to go on to physical acts.

      Further, your statement that:

      It does not protect children, it does not prevent child abuse, it does not catch the real exploiters, but it does create grief for many people who have done little more than click on the wrong button.
      is total rubbish in the case of someone who has deliberately dled kid porn - which is clearly the majority of people with kp on their machines as this defence is not a common one. Here in the UK, a TV documentary series was made last year (which was incredibly hard to watch). In it, an investigation was made that went from finding pictures to proving abuse... Too right this sort of thing should be followed up. It will protect children.

      Finally, do you really think that there is a 'wrong button' out there that will dl large numbers of images on to your machine? If so, imo, you're some kind of fool.

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
    2. Re:The problem is over-aggressive law enforcement by SmallFurryCreature · · Score: 2, Interesting
      You are wrong for one very important reason.

      You are presuming that downloading/buying child porn is a victimless crime like say growing weed. Quite how you seem to arrive at this conclusion is a bit of a mysterie to me.

      Anyway there recently was a case against an american who run a huge hosting network for the purpose of selling childporn. I forgot the names involved and googling for "child porn" is not that enjoyable. He was sentened to over a 1000 years. What however apperently a lot of people saw was the profits he has made.

      There are now a great number of sites hosted and created in russia that make and sell child porn to western customers (since they are the ones who got the money). Childeren are being molested raped and killed to generate these images. This is being done because people are willing to pay for them. Wipe out the customers and the suppliers will go away.

      Personally I think a few years in jail for a child porn collector causes a bit less grieve then a child being raped and killed. Apperantly you don't.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    3. Re:The problem is over-aggressive law enforcement by Jugalator · · Score: 2, Insightful

      There are now a great number of sites hosted and created in russia that make and sell child porn to western customers (since they are the ones who got the money). Childeren are being molested raped and killed to generate these images. This is being done because people are willing to pay for them. Wipe out the customers and the suppliers will go away.

      I'm not sure, but by "downloading" the parent poster might have meant getting the porn from IRC, FTP, newsgroups, or P2P networks. These are all known to be major sources for child porn, perhaps even larger than the pay sites. Search for "child porn" on Kazaa and you'll probably get half a ton of sources. However, the producers of it get no revenue from this to continue with the "business".

      I can see where the parent is getting at -- that the current laws WILL get problems with prosecuting people that was never tracked as having PAID for the porn. Especially since the possiblities of trojan infections cannot be ignored and it is a well-known fact today that hackers can use users' hard drives for storage of all sorts of things via trojans. It would even be LOGICAL for them to store exactly child porn on others hard drives to get away. And sometimes when a law can't be enforced, we're better without the law. One can't deny that these accusions hurt a lot for the victim and will most likely destroy large parts of his life even if he is never considered guilty. That's unfortunately human psychology...

      Personally I think a few years in jail for a child porn collector causes a bit less grieve then a child being raped and killed. Apperantly you don't.

      A guy who get child porn uploaded via a trojan shouldn't be punished for a raped child in Russia. This is what the law might allow in its current state. But perhaps we'll have to live with that.

      --
      Beware: In C++, your friends can see your privates!
    4. Re:The problem is over-aggressive law enforcement by cait56 · · Score: 2, Informative

      I pretty much agree.

      Possession of an illegal copy of something does not encourage its production. Just ask the RIAA. ;-)

      Seriously, though. If enforcement eliminated the sources of revenue for child porn (actually paying for it and placing ads with it) then there wouldn't be money to exploit the childen with.

      The problem with trying to enforce on the basis of possession is that a typical desktop owner can easily be shown to be unaware of vast portions of their hard drives. I'm sure expert testimony can be found on this, hard drive manufacturers look forward to it to sell more and bigger drvies.

      Intentional lawbreakers will quickly learn to leave all of their questionable material encrypted. Lacking the password, law enforcement will be unable to press charges. Are you going to convict everyone who has an encrypted archive with a forgotten password?

      Intentional lawbreakers are also fully capable of deliberately planting evidence on others' computers. They don't even have to have directed malice, just the knowledge that enough innocent victims will provide them cover.

      Placing ads and using credits cards are still intentional acts that a person is responsible for. Enforcement should concentrate there, and forget about searching hard drives.

    5. Re:The problem is over-aggressive law enforcement by G-funk · · Score: 3, Informative

      Finally, do you really think that there is a 'wrong button' out there that will dl large numbers of images on to your machine? If so, imo, you're some kind of fool.

      You're an idiot. I've downloaded tons of kiddie pr0n by accident because some fucker mislabels his posts, or posts to newsgroups meant strictly for over 18 models. You never know what it is till you download it these days. Not to mention the dickheads on P2P networks who get their jollies by mislabeling anything from trojans to viruses to child / animal porno as something somebody would actually download.

      --
      Send lawyers, guns, and money!
    6. Re:The problem is over-aggressive law enforcement by JaredOfEuropa · · Score: 5, Insightful
      Firstly, there is a mass of evidence that photos are taken to order within groups of abusers

      This is the argument often used by those that want to throw the book at buyers/downloaders of child pornography. Some of them would even agree that looking at such pictures in itself is not a bad thing, but going after 'users' of kiddy porn results in a diminished demand for such stuff, and as a result less children are abused. (Not my argument, but this is the line of reasoning often quoted). However, the fact that 'consumers' of child pornography create a market for such material, does not automatically make the act of looking at or posessing the material a crime.

      those with pictures are statistically likely to go on to physical acts

      That is a very dangerous statement for two reasons:
      1) If people who look at these pictures are more likely to go on to physical acts... is that because of the pictures, or did they have the tendency anyway? In the latter case, giving them such pictures might actually help getting them their fix, so that they will not go on to the physical act.
      2) If colored people are statistically more likely to commit crimes (disclaimer: this is just an example which I picked because it's a widely held stereotype). Does that mean we should pre-emptively go and arrest them all? Propensity to commit a criminal act is not a crime! Besides, just like in the example I gave, the propensity to commit the crime isn't even proven... it's just a statistical correlation.
      Too right this sort of thing should be followed up. It will protect children.

      It should be followed up, but it must not turn into a witchhunt. Too bad that these days it seems that when it comes to our rights and due process, anything goes when 'the safety of our children' might be involved.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    7. Re:The problem is over-aggressive law enforcement by wfrp01 · · Score: 2, Interesting

      ...deliberately dled kid porn - which is clearly the majority of people with kp on their machines

      This is a serious issue. It does absolutely no one any good when people like you make up bullshit facts to prop up your dubious point of view.

      Lots of people who enjoy legitimate porn view it offline. E.G. - they suck entire newsgroups to their local computer. Only later do they peruse what they have. Perhaps much later. Perhaps never. What if someone injected some kiddie porn into the newsgroup? How do you distinguish kiddie porn from legitimate porn when you're downloading anyway? A lot of legitimate porn consists of middle-aged women in pigtails pretending to be teenagers. I'm not saying this is a turn-on or anything, but it is legitimate.

      Your statement that people who have kiddie porn on their machine obtained it intentionally is what's really sick. It's sick because twisted made-up worldviews like that are what cause ignorant juries to put innocent defendants in jail. So straighten your head out, or shut the fuck up.

      --

      --Lawrence Lessig for Congress!
    8. Re:The problem is over-aggressive law enforcement by Hoi+Polloi · · Score: 4, Insightful

      "It will protect children."

      If kids never got molested before the invention of photgraphy I'd believe you. Also, most kids are molested by relatives or friends of the family who don't need pictures to see little kids in bathing suits, etc.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  13. It has to be a conspiracy by __aadhrk6380 · · Score: 5, Funny

    Did anyone check the name of the company that located the virus? Vogon International, LTD.

    I suspect the Prostetnic Vogon Geltz.

    1. Re:It has to be a conspiracy by laughing_badger · · Score: 4, Informative
      Vogon are a kick-ass data recovery firm in the UK. I've used them to recover data from a couple of HVD scsi drives from an old HP workstation and they wrote code to extract the data and shipped it back on a bunch of DVD's in a couple of days. I guess that they were founded by an Adams fan.

      Didn't know that they did computer forensic work as well. Sensible, considering their other talents.

      --
      Help children born unable to swallow - www.tofs.org.uk
  14. Innocent until proven guilty by RichLooker · · Score: 5, Interesting

    Joe Average is an easy victim for the countless malicious trojans floating around. Visiting a straight porn site is no crime. Being deceived by messages like "Install browser enhancement (OK/Cancel)" is no crime. I have removed countless porn-related trojans from friends' PC's. If someone wants to put kiddie porn on unsuspecting victims' computers, this is no hard task. Removing a trojan when your anti virus software detects it would be the sensible thing to do. If the trojan has downloaded contraband to your PC, it will still be there, but you have removed the proof that you didn't dowload this intentionally. I would say proving intentional downloading of child porn should be pretty hard.

    --
    "And you are dying so slowly, you believe to be living" - Bertrand Besigye
  15. The question is by AbstracTus · · Score: 3, Insightful

    Can we demand that regular Joe's take responsibility for their computer, and their computers security? That is to say, should we be responsible for ensuring that others cannot access our computers and do illegal deeds with it? Now, that would require way more knowledge IT security than the regular Joe has, however it might cause the public to demand a more secure OS etc.

  16. Re:Only One Conclusion by mental_telepathy · · Score: 2, Insightful
    "Of course I do not think it was a virus"

    And that's the worst part. There will always be a percentage of the population that assumes anyone accused of a crime is guilty. Nevermind that he convinced a Jury, who presumably were working off expert testimony.

  17. Re:ISP logs by Eric+Ass+Raymond · · Score: 3, Interesting
    If I knew that my ISP keeps such logs and is prepared to give them to the authorities, I'd become a former customer in no time

    Sure kiddie porn is awful, but the right to privacy should not be eroded even if few people abuse this right. I'd say the freenet's uncompromising position is the only way to go.

  18. Valid Defense? by CB-in-Tokyo · · Score: 5, Interesting

    I am not a lawyer (I still can't bring myself to write that abbreviation,) but if it is a valid defense in a criminal child pornography case to say I wasn't responsible for downloading it, could this not set a precedent for Civil copyright cases? Or are the RIAA's rights more compelling than that of the victims of Child pornography?

    "I was hacked. You know, ever since all the Lawsuits started happening, there has been an increase of people hacking computers to download music."

    I think a case could be made of that.

    1. Re:Valid Defense? by Jerf · · Score: 2, Insightful

      could this not set a precedent for Civil copyright cases?

      There shouldn't be a precedent to be set! If somebody else uses a computer to do something, it's 100% their responsibility if that's a legal thing to do. (If they don't have permission to use that computer, they're already starting out on the wrong foot legally.) The fact that it happens to be your computer should be mostly meaningless; you didn't do anything.

      Maybe someday, when it's possible to reliably say "This computer is 100% secure", then we can blame people for everything their computer does. In the meantime, security vulnerabilities in old mainstays like ssh and man and other things continue to be found.

      The only concievable legal basis for nailing a computer owner for something they had nothing to do with and weren't even aware was happening is sheer convenience, and the goal of Justice is not to make law enforcement convenient. In fact, convenient law enforcement is nearly diametrically opposed to Justice, as a practical matter.

      Will this make people use it as an excuse? Of course it will! So what? People use "self-defense" as an excuse for murder all the time. Sometimes it's a lie. Sometimes it's the truth. It remains a valid defense; I would not want to live in a society where self-defense is the same as murder. That it might be used as an excuse is a completely invalid argument; you're implicitly appealing to law-enforcement convenience, and that is not a valid thing to argue for. Justice should not be convenient (mostly the first paragraph, although the point underscores the whole piece).

  19. Statistics by heironymouscoward · · Score: 5, Insightful

    "those with pictures are statistically likely to go on to physical acts..."

    Do you have figures to back up this claim?

    The study of pornography and its impact on sex crimes is always highly charged, but there is a good basis for believing that free access to pornography actually reduces sexual offenses (not just against children, but of all kinds).

    And yes, there are "wrong buttons" that will download images to your PC. Someone else here mentioned that Newsnet is regularly spammed with child porn.

    Criminals should be punished, no doubt about it. But witch-hunts are never productive. You think you are catching the real crooks? You're not. In fact, you're driving the sale and distribution of child porn underground, causing it to become harder and more violent.

    Pushing even an obnoxious trade into the hards of real criminal networks is not wise: you may get that rosy feeling of 'doing good', but the cost is paid by huge numbers of new victims in far-off places.

    --
    Ceci n'est pas une signature
  20. Re:who is actually responsible ... by Blue+Stone · · Score: 2, Funny
    I have an idea of some sort of Bill gates silicone doll sitting on top of my pc, full of sensors, linked up to the USB port, so that when it crashes, it'll tell me it's responsible, I can torture it, and it'll scream, and reboot when the pain level reaches a certain level.

    I feel this device would find a significant market.

    Now I'm just looking for investors.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  21. Re:ISP logs by @madeus · · Score: 2, Interesting

    > What ISP keeps such records?

    It's the law in the UK! The law requests this (and that you keep said logs for something like ~>3 months) but it's very vauge in what your specifically asked to keep track of... ...as a result no-one really does it, and I've worked at quite a few ISP's. It's a waste of storage space, and equipment - i.e. racks of proxy/logging servers - needed to handle such an operation are just prohibitably expensive and not financially viable (unless you want to nearly double subscription costs)...

  22. Come to think of it... by Kronovohr · · Score: 5, Interesting

    ...I've seen this one before (by the description). When I was working on PCs for a living, an optomologist's secretary brought in her computer, which was acting "strangely" and all sorts of "foul things" were coming up on her screen. I figured something had just replaced her homepage on IE with a porn site or something like that, so I plugged the machine up and let it boot, explaining to her "well, there's some bad shit you have to look out for, but there's always worse". I was quite wrong. This was worse.

    When I fired up IE on the system, it went straight to a child pornography site that was obviously a typoed URL (freecilpart.com or something like that...don't hold me to it since my memory's terrible), and the default homepage setting was being updated constantly (like kak). This program was listening on some oddball high-numbered port.

    Since the box was inside a Novell network and wasn't exposed to the outside world (much) I figured it wasn't a normal compromise. I told her to contact the FBI over the site, and I went looking for the malware, but couldn't track it down (limited time on it, though) and wound up wiping the box clean and reinstalling Win98. She's very religious about keeping the a/v definitions updated now (:

    1. Re:Come to think of it... by Cutriss · · Score: 2, Interesting

      A crappy situation to be in, for sure...but I wonder if you should have wiped the box? I'd have contacted the FBI, and then locked the box up until they could send for it. It's possible that the malware could've been traced to a childporn ring, or, at the very least, lead to the breakup/shutdown of some childporn sites.

      Sure, it may have inconvenienced the office, but I think a higher purpose could've been served here.

      At the very least, you could make a disk image to give them, instead of the full computer...and then restored the box for the client. If it was just connecting on a Novell network (and still successfully getting the material), then it's unlikely that the malware was tied to any particular hardware (eg - Pr0n dialer), so they could've installed it on a generic box in their own lab.

      --
      "Mod, mod, mod...and another troll bites the dust."
  23. Trusted computing anyone? by banana+fiend · · Score: 3, Interesting

    If people can throw their hands in the air and say "The trojan did it", then the law will change to catch the paedophiles who are using it as an excuse.

    If it becomes popular to do so, and easy to get off if that is the case (and it seems like it might be, I'd hate to have a court disbelieve me if a trojan downloaded kiddie porn to my computer) - then who gets the blame?

    This might lend some power to the palladium protocol (nothing's impregnable, but the guff is pretty air-tight) - "get rid of all viruses and trojans" - can now be replaced with "protect your children from being brutalized and their pictures sold to sickos all over the world while you rot in jail forever"?

    --
    Johns: Well, how does it look now? Riddick: Looks clear.
  24. Re:ISP logs by glesga_kiss · · Score: 4, Insightful
    If I knew that my ISP keeps such logs and is prepared to give them to the authorities, I'd become a former customer in no time

    You'd better call them up then, if you live in the UK or USA. Both countries have legislation forcing ISPs to be able to do this.

    May I suggest two tin cans and a piece of string as a more private medium? ;-)

    Sure kiddie porn is awful, but the right to privacy should not be eroded even if few people abuse this right.

    Yup, and that's how people have been manipulating other people for (at least) hundreds of years. Claim that in order to prevent one horrible thing, another horrible thing should be done. Examples:

    • The Nazis claimed that the Jews were a threat to German peoples freedom and prosperity, and as a result the world had the holocaust.
    • The Israelis claim that the Palestinions are a threat to Israel, so Palestine must be turned into a police state
    • The Americans claimed that Terrorists were a threat to the USAs freedom, and that many freedoms should be taken away to prevent this.
    • Colgate say that if your breath smells, you will have an unhappy life, and you must buy their products for the rest of your life to prevent this

    Manpulation is easy. Issues like kiddie porn are so emotive, we should be careful what liberties are taken by those who seek to use the problem to their advantage. Taking the US example from above, the new snooping powers have been saught for many years by several organisations, long before terrorism was thrust into the spotlight. They used the situation to achieve their goals. I can see the same potentially happening here.

  25. You are confusing two things by heironymouscoward · · Score: 5, Insightful

    Possibly intentionally: child molesters, and people who download child pornography.

    Uhm, I've a large collection of videos about cars crashing, but that does not make me a dangerous driver.

    You are being somewhat wicked when you imply that everyone with a penchant for watching a kind of act is also likely to go out and commit it. This is a tired pseudo-psychology that has tried and failed to link TV to violence, games to violence, foreign-language films to political insurrection, what have you. Monkey see, monkey do? I don't think this argument has any provable basis.

    You cannot save children from exploitation by making such falacious arguments. You must show a clear connection between the person in possession of pornography, and those committing the acts.

    Imagine we're talking about rape videos. Now rape is a crime. Does this mean that someone luridly watching a rape video (real or faked) is actually a criminal too?

    How about someone watching the film of a bank heist. Or the millions of viewers who watch 'cop reality shows'. Are they all likely to jump up and start stealing cars?

    You can't stop using logic just because you're discussing an emotive subject - if anything you have to be more clear headed than usual.

    Lurid interest in an illegal act is not (in the general sense) a crime, and is often a substitute for the real thing. Think clearly and you will see that there are better ways of preventing abuse of children.

    One example: to recognise that most abuse of children actually happens in countries where children's rights are totally ignored, and often takes far worse forms than sexual exploitation.

    --
    Ceci n'est pas une signature
  26. One lesson to be learned by WalterSobchak · · Score: 3, Informative

    Technical issues aside, there can only be one advice: If confronted with any kind of child pornography, or even being offered such - inform the cops.
    This kind of stuff is illegal in almost any jurisdiction worldwide, and it is immoral by all but the sickest standards. There is also no argument that children are exploitet for this, and suffering from it.
    Chase spammers for fun all day, more power to you! But do not collect evidence on child porn, leave that to professionals.
    And again, in most jurisdictions, law enforcement _will_ act on your tip.

    Alex

    --
    Absinthe makes the heart grow fonder
    1. Re:One lesson to be learned by kryliss · · Score: 3, Insightful

      And just what is Joe Schmoe cop suppoesed to do? Write down the internet address? They are more apt to arrest you for having kiddie porn on computer. They are mostly a technology handicaped bunch. If you were to inform someone, inform your ISP's abuse department or if you must inform the authorities contact the FBI. But remember that you are taking your freedom into your own hands. It seems like the "law enforcement" agencies are always on a witch hunt and don't care who they hurt in order to further their own agendas.

      my $0.02

      --
      --- If the bible proves the existence of God, then Superman comics prove the existence of Superman.
  27. Re:In Japan... by Suhas · · Score: 2, Informative

    Mod the parent up. I live in Japan and KNOW that this hits home. The Japanese goverment has been suspiciously lax in pursuing enactment of Child Porn laws (Cyber or otherwise) ispite of heavy pressure from US and many European countries. I would say that Japan and Thailand are responsible for most of the Child porn being generated worldwide.

  28. Mmm, an temporary insanity plea for computers by SmallFurryCreature · · Score: 4, Interesting
    So, anyone here skilled enough to write a trojan that
    1. automatically installs kazaa
    2. Generates semi randomly a list of music to download.
    3. Sorts the music into directorys sorta like most of us do by default.
    4. Set all file creation times and accesstimes to a random date
    5. Hides itself a bit so you can claim "I didn't know it was there"

    Anyone then faced with an RIAA lawsuit can just accidently install it and claim that the virus did it. Am I missing something here? And why isn't there any mention of wich virus did it?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Mmm, an temporary insanity plea for computers by The+Wing+Lover · · Score: 2, Interesting
      Anyone then faced with an RIAA lawsuit can just accidently install it and claim that the virus did it. Am I missing something here?

      Yes you are. In criminal cases, the prosecution must prove their case beyond the shadow of doubt. In civil cases, like the RIAA's lawsuits, the plaintiff must only prove their case "based on a balance of probabilities", which means that they only need to prove their case to a 50.1% certainty.



      It is unlikely that a jury will find that it was 50.1% likely that a virus downloaded all your favourite Britney Spears tracks.

      --

      - In Capitalist America, law violates YOU!

  29. Next defence? by little1973 · · Score: 2, Interesting

    The computers of the future will be capable of rendering a picture indistinguishable from a real one. In this case no real harm is done to anybody by making such a picture. So, the defendant will claim he/she just rendered those pictures. Can anyone be arrested for rendering a picture?

    --
    Government cannot make man richer, but it can make him poorer. - Ludwig von Mises
  30. Culpability by The+Famous+Brett+Wat · · Score: 5, Insightful
    I didn't RTFNYTA. Even so, this is Slashdot, and I need not care much about that.

    The question of culpability for the actions of a computer is going to become increasingly interesting. Spammers and other miscreants are getting more brazen about the use of third party computers by which to make mischief. I'm not saying that it's a new concept -- far from it -- only that the audacity factor is going up. Dealers in kiddie porn and other widely-considered-bad things may start to see third party computers as a safe medium for their wares; a good way to cover their tracks.

    It seems unfair for a person with a virus-infected computer to be accountable (even in part) for the actions of a malicious third party who takes control of that computer without the owner's knowledge. On the other hand, it's risky to let them off the hook for it: genuinely culpable parties may install a virus on their own system as a legal defense measure! And if the owner of the computer were nailed for the actions of their computer, could they then sue some software or hardware vendor for enabling a malicious third party to use their computer without authorisation, thus exposing them to this risk? Presumably the end user doesn't haven't much of a case against the Internet Service Provider: I would expect the ISP to be offering a network service, leaving it up to you and your equipment as to what use is made of that service.

    The real problem here, as I see it, is that we want to discourage systems which facilitate abuse by evading accountability. The real culprit -- the malicious third party who uses the computer as a zombie slave to get up to no good -- is safely hidden from accountability through anonymity. The owner of the equipment is deemed not culpable on the basis of inability to know or do anything about it. The owners of the network infrastructure are just providing the advertised service, and should be thought of as common carriers. The owner of the software which enables the virus, well, no software authors seem to want to be held accountable for their software either, and that's somewhat understandable.

    But if we don't come up with some strategy for discouraging systems which facilitate abuse by third parties, the natural consequence will be an increase in unpolicable lawlessness. To complicate matters, insecure systems are already pervasive, so it's hard to know where to start. Who do we put the pressure on? I didn't RTFA, as I said (don't read NYT's website on principle), so I don't know what conclusions were drawn. It strikes me that perhaps we need to start holding the end user accountable for the mischief of their system if they don't take reasonable precautions to prevent it, such as using anti-virus software, or keeping modestly up to date with security patches. Maybe we can also hold commercial software/hardware sellers accountable to do their fair share in selling a merchantable product, with particular reference to reasonable standards of safety, and working as advertised. In the case of OEM-installed operating systems, it's probably the OEM that should foot the bill, as the seller of the product. Penalties should be relative to the cost of the product.

    I'm not suggesting that these ideas ought to be implemented, but we ought to think about them. What seems fair and would have the desired impact? Most end users aren't aware how unsafe the Internet is, with regards to this kind of abuse, and they should be educated about it, or protected from it. Computer manufacturers are selling computers as internet-ready but by and large they are selling an unsafe product. Selling a machine bundled with anti-virus protection might be sufficient to make the product "safe", from a merchantability perspective. Removing (or not providing) Internet functionality would also protect the manufacturer from Internet-related issues. Providing clear warning material on the dangers of connecting to the Internet might also be sufficient ass-cover.

    Stuff to ponder. And note that I didn't rant about Microsoft Windows, despite opportunity and motive.

    --
    proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
  31. Deceptive website practices illegal? by mabhatter654 · · Score: 4, Insightful
    If it's the case that you are responsible for your PC contents, then shouldn't programs like the famous Gator be considered illegal. It stands as the best example of a program that is downloaded to your computer under false pretenses and basicly "hacks" windows without the user's ability to easily turn it off. Downloading countless AntiVirus and AdWare software isn't the answer...someone's always finding a way around it.

    With the wild DAs making accusations, perhaps it is time to finally delcare any software that acts without the user's knowlage to be illegal hacking...whether it be Windows "phone-homes", Gator advertizing, or of course malicious virii!

    Of course I wouldn't condone hacking Gator to put inapproperate pictures on unsuspecting users' computers in any way...

  32. A better car analogy... by Kjella · · Score: 2, Interesting

    The driver rams into someone because his brakes don't work. Did

    A) The repairman screw up on last check-up
    B) Someone rig the brakes
    C) He did it himself

    However, going back to the "motive, means and opportunity", a car driver would hardly have much incentive to be in an accident. In this case however, you would because it would be a "get out of jail free" card. It's as if you happened to ram down a pedestrian that you had a motive to kill. Is that any evidence of who rigged the brakes? Nope, it could be just a coincidence. Would it still be relevant in court? Absolutely.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  33. iSpyFly - it can happen by njan · · Score: 2, Informative

    When I was sharing a house, we had a P-233mmx which was shared between several of the occupants, running windows 9x. After using the thing for some time, the machine began to slow down, behave oddly, and then a few other odd things started to occur; the mouse moved strangely - and then the machine started to type things. By itself. It was fairly obviously some sort of remote control program (either trojan or maliciously stuck on there by one of my housemates) - which started to do other odd things.

    Including displaying child pornography on the screen.

    The first time this happened, I had the willies scared out of me as my 14 inch monitor was suddenly filled with an image of a girl of a similar age to the size of my monitor, barely dressed, obviously looking up at a taller photographer. It petrified and disgusted me so much that for a moment I didn't move - before I promptly turned the machine off at the mains and gutted it. I couldn't work out what had caused it - and no virus software picked the thing up. Thank god it was a shared computer, or I'd have never used the net again, I think - in the following months the above happened on a monthly basis, and every now and then the bootup screen changed to an image of a fly on windows background, with the label "ISpyFly Windows {something I forget}".

    To this day, I have NO idea what the software was that caused it, but of one thing I'm certain - child pornography *can* get onto your computer without your consent or knowledge. No-one knows better than I how much paedophilia goes on online - I worked in computer forensics - but all the same, there are *two* sides to this coin, in whatever proportions they occur.

    Incidentally, if anyone's heard of the software or has any idea what it was, let me know. And no, I don't still have access to the machine. It wasn't mine anyway.

    --
    I am a viral sig. Please copy me and help me spread. Thank you
  34. If it's a joejob, it could have been done better.. by Kjella · · Score: 4, Interesting

    If I was seriously out to get someone I could do a much better job than this, and so could you.

    1. Get him infected with a trojan. Just send him shit on email (from free accounts), icq, irc, latest windows exploits and whatever until you find something his antivirus doesn't bite on.
    2. Drop him a shitload of illegal stuff. As techies, I'm sure you'd be able to find it, it's just that we don't *want* to. Maybe even download it directly to him through the trojan, keeping yourself completely clean. If he gets logged downloading it, all the better.
    3. Jerryrig the dates, to make it seem as if they've been collected over extended period of time, accessed repeatedly etc.
    4. Uninstall the trojan. Give him a total clean-up and remove any over shit he might have happened to have too.
    5. Tip the cops. Payphone, anonymous note, whatever. Anything untracable.

    OTOH, his life is pretty damn screwed already (even if you get aquitted, everyone will still wonder... did he *really* do it or not). This is if you want someone really thrown in jail and lose the key. Maybe I shouldn't give anyone the idea, but at the same time it might also get people to actually *care* about their security.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  35. Good idea! by Zeddicus_Z · · Score: 4, Interesting
    Yes, but common knowledge tells everyone what the brakes do in a car. You do a driving test that requires the use of the brake.

    So, using that as an example and considering how much more common computers are in every day life than cars (know anyone how hasn't driven in the past 12 months? Now, know anyone who hasn't touched a computer in any way shape or form in the same time period?), why don't we have compulsory "basic operation" licsenses for computers?

    Most people outside the IT Industry use computers as a tool, a means to an end. And yet there are NO requirements in place to ensure people are competant when using that (potentially dangerous) tool

    Think about it this way; Truck drivers are forced to undergo rigerous driving training (in the form of logged experience and lessons from qualified staff) before they're allowed to sit for their license and operate the tool they use to make a living. Builders are required to undergo at least two years of apprenticeship plus TAFE (think community college) courses before they can build any type of large structure. People who pilot any form of marine vessel are required to sit a test and get their license before they can command a vessel capable of going over a certain speed/weighing more than a certain tonnage. Hell, even short-order *COOKS* are required to undergoe some form of food preperation and service training before most places will give them a job.

    And yet companies all across the world will hire someone into a position that required daily, extended user of office type computers at the drop of a hat. At best you can expect "Can you touch type? DO you know Microsoft Word?" Hell, even that's only mostly for secretaries!

    A basic computer competency test should be *compulsory* before anyone is allowed to purchase a computer. Said test should include the following areas;
    • Basic hardware in a computer (stops the old "my cupholder is broken and the tv wont start!" support call when whats actually happened is that they've kicked out a cord at the back)
    • Basic use of word processing, database, presentation and spreadsheet software (by basic I mean VERY basic. "This is a spreadsheet. It does simple simple calculations, like so")
    • Basic Internet skills ("this is how to use email, this is SPAM - its bad, dont ever reply. This is how to browse the web" etc)
    • Basic computer security (in fact, dont even include the word "security". Include this in the "basic operation" section. Cover topics such as viruses ("don't open email with attachments unless you have an UP TO DATE virus scanner running, and the file is NOT an exe/vbs/whatever", spyware, password security (and the importance of it, with say a "your internet banking and hotmail account are vulnerable! listen up!")
    • How to report a problem (if you have a support line/helpdesk/manufacturer to call under warrenty.
    When computers are in as widespread use as they are in our society today, rivaling even vehicles in their numbers, people should be forced to prove at least some BASIC competancies. I'm not talking about doing us out of a job (I am paid to fix problems, among *other* things), but ensuring that the damage/aggrivation/grief caused by computer-ignorant people is minimised.
    --
    Janie took my gun...
    1. Re:Good idea! by untaken_name · · Score: 2, Insightful

      That's not true. If we suddenly deregulated driving I bet hundreds of people who now don't drive would start driving.

      Why would you suppose that? Would they suddenly be able to afford a car? It isn't like you have to be Einstein to pass a DMV test, and once you pass you never have to do it again. Wow, that's real effective.

      Parents might start letting their kids on the road at 14.

      If their child is mature enough, why shouldn't they? If the child isn't, they're legally responsible. So why shouldn't they have to actually be PARENTS? The government can't watch over us and make all our decisions. Besides, nothing's stopping the kid from taking the car joyriding, just because they don't have a license. I really don't see what benefit you get, other than having a pretty much mandatory ID, even though our founding fathers didn't want anything like that to exist. I guess they didn't know what they were doing.

      In my opinion we should close those loopholes. The problem is not that we are trying to regulate guns, its that we are only doing a half-assed job. They're simply trying to apease the NRA and the anti-gun groups at the same time.

      In Britain, they've closed the loopholes I mentioned and most of the others, as private gun ownership is almost unheard of, legally. However they still have plenty of gun crime and gun deaths. In Switzerland, where guns are not regulated in any way, save that each household with a male of a certain age *must* have one, they have very little gun crime, and the majority of that is caused by people who are transients, and not residents of Switzerland. So, the heavily regulated country has problems with gun violence, the unregulated one (where gun education is mandatory in public school) has very very little. Yet you continue to argue that regulation is the answer. It doesn't make logical sense.

      What makes those laws unenforceable?

      Whenever a person gets ticketed for speeding, there are many many many more who are not ticketed. Many people speed, and yet they do not get daily tickets, and they have no reasonable expectation of being ticketed during any one violation. That is what makes it unenforceable.
      I once had a state trooper who was teaching a defensive driving class tell me that you should go up to 5 miles over the speed limit if the traffic around you is. That's a freaking law enforcement officer telling his defensive driving class to break the law. It would be like making spoons illegal. How on Earth would you expect to enforce that law? No one would fear having one because they would have no reasonable expectation of being caught. It would be an unenforceable law.

      I might get away with murder too, but that doesn't mean it's an uneforceable law.

      The vast majority of murders are solved. Can you say that for the vast majority of speeders? Not with a straight face. Murderers have a reasonable expectation of being caught. Murder is not often overlooked, while speeding is overlooked EXTREMELY often. Ask yourself this: on any given day, are you more likely to get away with something like: not having a dog license, speeding, not having a ham radio license, not having a driver's license, not having insurance; or are you more likely to get away with murder? I would rather have cops out looking for murderers than people with no dog license, if it's all the same to you.

      That's all fine and dandy if you're a millionaire. But what happens if you do $100,000 damage to me an my property? How are you going to compensate me?

      If I didn't have the cash on hand, I'd probably go buy insurance. My problem isn't with the insurance industry, per se, it's with the state telling me that by law, I MUST take the gamble that is insurance. If I could change the law to read: You must be able to show proof of insurance or other proof that you are solvent, instead of 'you must have insurance period point blank' that would be fine with me. However, I don't see any reason why driving is

  36. no no no no no NO! by ecalkin · · Score: 2, Insightful

    the answer is not to make this stuff easier to use! first, we have been doing that for 10 years now. we've been lowering the bar and people still keep tripping over it!
    secondly, making it 'easier' has taken away security and safety mechanisms.

    no matter how easy we make this, if you are not required to learn/know a certain amount, you will be making a mess. maybe just for you, maybe for other people.

    eric

  37. Re:In Japan... by glesga_kiss · · Score: 5, Insightful
    The Japanese goverment has been suspiciously lax in pursuing enactment of Child Porn laws

    Yeah, but their culture see's it differently i.e. not so much of a problem. To them, it's like Saudi Arabia asking us to clamp down on alcohol, because their society doesn't tolerate our activies. A lot of Asian porn features school girl references there, and they really dig the whole cute china-doll thing. I'm sure many of the legal ones get made up to look as young as possible, jeez that even goes on in Western porn as well, 25 year-olds masquerading as 18 year-olds.

    With different ages of consent around the world, policing this planet is not an easy task. I think I heard once that the age in Spain was 12, though that may have been years ago and it's probably standardised through the EU now. How exactly to you legislate based on widely differing laws and cultures?

    Remember also that our society is very diffent to many others, and has only become that way recently. Several hundred years ago, most people were married and had had several children by 17-18 years old. You'd be lucky to reach 30 years old and have half of your children reach adulthood. Our ever extending life-span has lengthened the "age of innocence", but it's not "naturally human". If a boy/girl can conceive children, that's natures way of saying it's time to start having sex, regardless of what abstinence groups or abusive catholic priests regard the issue.

    It's a very muddled issue. Where do you draw the line?

  38. I posted this as a blog entry a few weeks ago... by marmoset · · Score: 5, Interesting

    I had an interesting experience helping my cousin with his computer a few hours ago. I've done this plenty of times before, and I'm sure every computer professional has served as volunteer tech support for family members at least occasionally. The difference this time is, instead of simply doing a few quick fixes for the things that were broken/nonfunctional (which is what I usually do, in the interests of time), I actually thought long and hard about what was broken, and more importantly, how and why it got that way.

    I will state from the top that I don't intend for this to be a Windows bash session. Though it's plainly a software environment I try to avoid when it's practical to do so, I recognize that I'm a kook and that most of the rest of the world has decided otherwise. Since, like death and taxes, Win32 is omnipresent, unavoidable, and in the end always victorious, it's prudent to learn how to efficiently work with it.

    My cousin purchased a basic home system earlier this year, a modest (but powerful enough) system with Windows XP Home Edition preinstalled. It also came with Microsoft Works (which he's just starting to use for his classes) and the various and sundry shovelware that no user ever bothers to either run, nor uninstall. We live very close to each other, so we both have the same network provider -- in this town it's basically Comcast for broadband or the highway (read: craptacular dialup). He uses Yahoo as a portal page, and occasionally uses Yahoo Messenger. He likes tuning in to streaming radio, so he has dozens of stations bookmarked. And that's pretty much it -- he uses his machine for web surfing, internet radio, and the occasional short word processing or IM session.

    I stopped by today to help him with a project he's starting up and he went to log into his computer. My first clue that something was very wrong: it took forever. The interval between the time when he entered his password and when he gained full control of the machine (i.e. when the busy cursor went away and the machine finally became responsive enough for him to do anything as basic as using the cursor to launch a new application) was at least 90 seconds. This box isn't a server, he's not compiling code or serving pages or rendering frames or anything else that ought to be stealing major cycles from the foreground UI. After that eternity has passed and he finally gains control of the machine, he gets a dialog box advertising cheap university degrees. By this time, I'm all like "what the f___?!?" It seems that in my time away from mainstream (i.e. Win32) computing, something known as "Windows Messenger Service Spam" has become a serious nuisance. How goddamned evil can they get? You don't even have to open your mailbox before some lowlife jumps in your face trying to sell you merde? How fricking evil is that? I do wonder what kind of krakk kokane your software engineering staff has to be smoking for them ship an operating system that, in its default configuration, allows an unauthenticated tcp message from any random spot on the internet to display a dialog on a client workstation, but, as I mentioned earlier, that's not where I want to go today. I felt a sick feeling in my gut, realizing that there are probably millions of grandmothers out there getting these stupid things popping up in their faces all day, without the vaguest clue of how to stop them.

    After closing the messenger spam, my cousin started his browser, which happens to be IE 6. This took an extroardinarily long time. Once it came up, I noticed that he had a Yahoo toolbar underneath the standard Explorer toolbar, bristling with gewgaws, animated crap, pulsing buttons and links to, erm, "synergistic content". In addition, there was a vertical pane along the left side of the window, also Yahoo branded, also full of pulsing, flashing, irrelevant happy crap. In the middle of trying to throw up (and I do mean "throw

  39. Computer Crime by t_allardyce · · Score: 2, Insightful

    Maybe access related computer crime needs to be looked at very carefully. The people who take the photos and who probably rape and abduct the children are the real criminals, true people who download it have questionable minds (assuming they actually did it intentionally and it wasnt an accident, virus or someone else) but that doesnt change the fact that they are were using their computer to access data.

    If you asked someone to read out loud the hex code of a jpeg containing child porn while you copied it down and put it in a file is that illigal or is that free speech? this has already been looked at with the DeCSS case. You might say who cares they are pedophiles but it does infringe on every other aspect of the internet: If you are arrested for downloading something, eg music, films, porn, software you are really just being arrested for using your computer, its a very different crime from taking out a gun and shooting someone, rape, murder, assult etc.

    It just seems to me that legislators dont understand what computers are and they are treating it the same as everything else. If the law allows someone to be arrested for downloading child porn on the internet then there will be no problem making it illigal to do any number of things (downloading anti-american political pages,diagnostic tools, research papers/dmca violating material etc.)

    That doesnt mean that computer crime should be abolished, if you are trying to bring the internet down or disrupt traffic that is pretty serious and should be treated differently (in that case you are accessing remote systems with out permission etc.) and ofcourse if you write an outlook vbs virus the case should just be laughed out of the court room and microsoft should pay for your taxi home!

    Sorry for bad spelling or flaimbait views - my spell check is broken and the milk in my coffee curdled this morning

    --
    This comment does not represent the views or opinions of the user.
  40. Go out and try it? by heironymouscoward · · Score: 4, Insightful

    "someone watching a child porn may go out and and try it"
    How on earth do you reach this conclusion?
    It matches nothing demonstrated or seen elsewhere. In no domain do people jump up and imitate the things they see unless it is clearly part of an ongoing social movement.
    A person who intends to molest children will do so with or without porn. Children have been sexually abused for all history.
    It's the same old argument about violence on TV: people forget that the western world (US included) has the lowest levels of violence of any society in any place, any time. Although the levels of violence portrayed are higher than ever, the actual violence we encounter is rarer than ever.
    You cannot just state that child pornography is an exception to this trend. People commit criminal acts because they have the means, the motive, and the opportunity. Not because they watched some illegal pictures.
    And I have a daughter, yes, and if someone touched her or took pictures of her, I'd hunt him down. Nonetheless: there are ways to attack crime, and the current witch hunt on people who have kiddie porn on their computers is a mistake and it will eventually be seen as such.
    I'm going to stop discussing this subject now but I will say one last thing: most of the 'science' in the public discussion on child porn comes from the police, and this is a party with a vested interest in depicting all child porn viewers as twisted criminals. The police are a large part of a public perception that is painting huge segments of the population as criminals. It makes no sense except when you are trying to "act tough on crime."

    --
    Ceci n'est pas une signature
  41. More like parking your car by vilbel · · Score: 2, Insightful

    You can't compare broken brakes with surfing the internet.

    The situation is more like that you park your car in a foreign country. While you away, somebody opens your car and put drugs into a hidden place within the car. After that you drive home and pass the borders to your country. Later, another person will pick up the drugs. You will become a curier without knowing it.

    It is realy hard, even for professionals, to harden a pc against attacks from the internet.

  42. Re:Compulsive users... by aug24 · · Score: 3, Interesting
    Actually, alcoholics and drug users are more likely to show compulsive behaviour when their chosen drug is illegal.

    Bollocks, say I. No stats here, just personal experience. I'm ex-resident of Amsterdam, now resident back in the UK. I have observed the drug scene in both situations with very similar people. I firmly think that people who want to take drugs simply want as much as they want and that legality is entirely incidental.

    By criminalising drugs, the money goes to the crims, who have a vested interest in getting users on harder stuff. That's where the increased usage comes from.

    Naturally, you may disagree.

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  43. Considerable Issues by virg_mattes · · Score: 5, Insightful

    > There are lots of issues to consider here, firstly the daughter claim... his daughter may have had a vendetta against him because he molested her, or she knew that he was commiting acts against children and just wanted him to get what was coming to him. Who knows...

    To be blunt, who cares? If she was molested, she should accuse him of that. If she has reason to believe he's molesting other children, let her present that evidence. Framing him for a crime he didn't commit is never right, even if he committed some other crime.

    > also the other thing to consider (and i have some experience in this) when i was getting started in computers and did some stupid things (bruteforcing passwords from my own system), i always ran a copy of BO on my own pc, so i could blame "the evil hackers" if it came down to it. Possibly he was doing the same thing with much more sinister acts.

    Sorry, but "possibly" doesn't do in a court of law. Sure it's possible he set up an alibi, but if there's not sufficient evidence that he did it's not the court's right to assume guilt. That's how "beyond a reasonable doubt" works.

    Virg

    1. Re:Considerable Issues by carlos_benj · · Score: 2, Insightful

      If she was molested, she should accuse him of that.

      Granted, if framing him was what she did, it was wrong. However, your statement assumes that people believe kids when they accuse adults. I've counselled a number of kids who've been molested and the psychological pressure the molester usually employs keeps most of them from telling. Those who do tell often start with the other parent (usually mom) who often blames the child and sides with her husband/boyfriend. After that, telling the authorities is out of the question, I mean, if mom won't believe you....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

  44. heh by ed.han · · Score: 3, Funny

    sorry, i just couldn't help thinking that the phrase "harvest porn" is not unlike "furniture porn" so couldn't help imagining combines in painfully silly poses.

    OK, move along, nothing to see here...

    ed

  45. Lies, damn lies and statistics... by Kjella · · Score: 4, Insightful

    "those with pictures are statistically likely to go on to physical acts..."

    Do you have figures to back up this claim?


    In other news, people looking at gay porn tend to have gay sex, and people looking at straight porn tend to have straight sex. Scientists are shocked.

    The statistical question is: "Would there be more or less people commit child abuse if child porn was freely available?" This decomposes into two questions:

    A-1. How many current abusers would be sufficently satisfied with only looking at child porn, had it been easy available in great quantity (reducing abuse)?

    A-2. How many people that otherwise wouldn't have abused children get so inspired by child porn that they choose to abuse children (increasing abuse)?

    Note that there are two groups that are simply irrelevant to this question:

    B-1. Those who would abuse children, porn or no porn
    B-2. Those who wouldn't abuse children, porn or no porn.

    Due to the

    a) total inability to measure this (child abuse records show A-1 and B-1, child porn arrests don't really say anything because you don't know if they're abusers or not (could be any of the four categories), or how this affects the statistical likelyhood of being arrested and so on and so on).
    b) the incentives to not answer truthfully (Me? Commit child abuse? Never! Never, I tell you!)
    c) the inability to answer truthfully (no I wouldn't do that even if I looked at child porn... would I?)

    I don't think we'll ever get a solid statistical answer to this question out of police records, censuses and other second-hand data. It would require an "Eye of God" view to get the real data.

    And running a controlled experiment? Yeah right. For one it'd have to ensure that those that shouldn't have porn don't have it, which would require detailed personal surveilance. And at the same time, if they wanted to abuse children they'd have the opportunity to do so (and if they were abstaining from it because they were being surveilanced, the entire experiment is down the shitter. OTOH, if they knew they would get away with it for the same reason, it'd also wreck the correctness). Not to mention the idea of letting children knowingly be abused in the first place.

    To summarize, you simply won't get a good statistical answer to this. Ever.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Lies, damn lies and statistics... by heironymouscoward · · Score: 2, Insightful

      "people looking at gay porn tend to have gay sex, and people looking at straight porn tend to have straight sex."

      You surely meant to say: people who have straight sex prefer straight porn, and people who have gay sex prefer gay porn. People are simply not "converted" by porn. Sorry.

      By the way, you might be interested to learn that lesbians prefer gay male porn. This pretty much answers the question of whether the porn is a cause or an effect. (Clue: it's not a cause.)

      --
      Ceci n'est pas une signature
    2. Re:Lies, damn lies and statistics... by Dalcius · · Score: 2, Insightful

      An interesting point this brings up. Do we convict people based on statistics now (well, yeah, of course, but let's play dumb for a bit and pretend the system is perfect)?

      Are KKK ideals wrong?

      One might say, "Yes, they foster hatred which in turn causes action in many people." But is the idea wrong or the action?

      Kiddie porn is made by real people. These people should be reformed, or just locked up or otherwise restricted if necessary (notice I didn't use the word punish -- personal belief system at work).

      But is viewing the result a crime in itself? Sure, it's worth of further investigation. But save anything else found, is viewing in itself a crime?

      The true meaning of giving freedom to others is giving them everything including that which you don't agree with, so long as it doesn't hurt anyone but themselves. Personally, I'd rather convict the KKK of murder than of thoughtcrime.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
  46. You Must Be Joking... by virg_mattes · · Score: 3, Insightful

    > So, using that as an example and considering how much more common computers are in every day life than cars (know anyone how hasn't driven in the past 12 months? Now, know anyone who hasn't touched a computer in any way shape or form in the same time period?), why don't we have compulsory "basic operation" licsenses for computers?

    You need to get out of the area you live in a bit more if you think that computers are more common in everyday use than cars.

    > Think about it this way; Truck drivers are forced to undergo rigerous driving training (in the form of logged experience and lessons from qualified staff) before they're allowed to sit for their license and operate the tool they use to make a living. Builders are required to undergo at least two years of apprenticeship plus TAFE (think community college) courses before they can build any type of large structure. People who pilot any form of marine vessel are required to sit a test and get their license before they can command a vessel capable of going over a certain speed/weighing more than a certain tonnage. Hell, even short-order *COOKS* are required to undergoe some form of food preperation and service training before most places will give them a job.

    Um, in every single one of the cases you cite, the cost of failure can be fatal. Operating a computer that doesn't run fatally dangerous operations does not carry the same cost by a huge factor, and those who run computers that do run that level of risk (control systems in hospitals, aircraft guidance, and the nuclear power industry, for examples) are indeed licensed and trained for their work. You can't seriously consider that even something as awful as wiping out someone's life savings stands on the same level as killing them in a truck accident. This is apples-to-oranges comparison.

    > And yet companies all across the world will hire someone into a position that required daily, extended user of office type computers at the drop of a hat. At best you can expect "Can you touch type? DO you know Microsoft Word?" Hell, even that's only mostly for secretaries!

    If that's all the job requires, what's the motivation for demanding more? You can pay an IT person good money to protect your system from users who don't know more than touch typing, so why make everybody learn stuff they don't need to do their jobs?

    > A basic computer competency test should be *compulsory* before anyone is allowed to purchase a computer.

    Elitist drivel. You don't have the right to demand any given level of competence from anyone who can afford to own a computer. It's not your business. And no, not even when their system gets infected and attacks yours is it your business. When your lawn gets dandelions from upwind, do you cry out for people to be forced to get a lawn care license or not have one? Get real.

    Let's go through your points one at a time:

    > 1.) Basic hardware in a computer (stops the old "my cupholder is broken and the tv wont start!" support call when whats actually happened is that they've kicked out a cord at the back)

    Basic hardware changes so fast that anyone who isn't actively using the knowledge will quickly have their knowledge turn obsolete. If you think not, then I ask, how many personal computers had CD-ROM drives, or any need for the term "gigabyte", only eight years ago?

    > 2.) Basic use of word processing, database, presentation and spreadsheet software (by basic I mean VERY basic. "This is a spreadsheet. It does simple simple calculations, like so")

    Why would someone who doesn't use these functions need to learn them? Spreadsheets aren't basic if I never need to use them. Presentation software? What does your short order cook or police officer or teenage gamer need with that? Get out of your boardroom and recognize that you don't have the right to define what's basic for everyone, and that "basic" needs aren't the same for everyone.

    1. Re:You Must Be Joking... by stwrtpj · · Score: 2, Insightful
      When your lawn gets dandelions from upwind, do you cry out for people to be forced to get a lawn care license or not have one? Get real.

      No, but in many neighborhoods in the US controlled by a covenant, you can complain to the HOA (Homeowners Association) and get them fined. In some places you can complain to the city for violating nuisance ordinances and get them fined that way.

      Maybe that's an idea: you don't need a license to operate a computer, but you can damn well get fined if you fail to secure your PC and someone manages to damage someone else's PC via an attack launched from it.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
  47. Windows Messenger... by pr0ntab · · Score: 2, Insightful

    is a service that runs on top of windows rpc. That (ports 135-137) should have been blocked by your ISP! Why they are letting windows RPC traffic through to residential customers is beyond me. Don't tell me people are sharing their drives over the internet, because that's fucking retarded. Some broadband ISPs are such complete idiot farms.

    The messenger service is actually useful if all the machines on your protected net are under your control. You can send popups to people in a controlled fashion without IM software. If a person is logged out, they'll get the message(s) the next time they log in.

    But if he's the only machine on his connection, well that's not a big deal

    --
    Fuck Beta. Fuck Dice
  48. Re:I posted this as a blog entry a few weeks ago.. by fizbin · · Score: 2, Insightful
    I do wonder what kind of krakk kokane your software engineering staff has to be smoking for them ship an operating system that, in its default configuration, allows an unauthenticated tcp message from any random spot on the internet to display a dialog on a client workstation, but, as I mentioned earlier, that's not where I want to go today.

    Probably the same stuff that was being smoked near any place shipping a unix operating system - remember "talk"? The internet used to be a much calmer place. (Actually, I haven't done a default install of any linux distro in ages - does redhat install talk-server by default?)

    Now, had you added "in 2003" or "in this day and age" to your comment ... maybe. But being open to messages from the outside by default has a long and proud history.
  49. Re:Not Total Overreaction on 'licensing' by cens0r · · Score: 3, Interesting

    You really can't cause lots of monetary damage to anyone but yourself with a computer if you're an average, unless someone hacks you and uses your computer to do it. That kind of stuff takes savy. So, should the person be responsible if someone hacks their computer? I don't believe so. Would you be responsible if someone cut your brake lines and you hit and killed someone with your car? There is a line where you start being negligent, but I don't want to draw it right here.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  50. Re:whoever the RIAA said did it by DrFrob · · Score: 2, Interesting
    Speaking of truth and dumbasses,

    Even if he turned the computer off, it would turn itself back on and dial the Internet on its own.

    Who's computer can turn on all by itself?

  51. GOOD GOD, WE MUST CONTROL THE SPORKS!!!!! by feed_me_cereal · · Score: 3, Funny
    A basic computer competency test should be *compulsory* before anyone is allowed to purchase a computer.

    Heck, sporks can be pretty dangerous too! A spork competency test should be compulsory before using such a potentialy dangerous tool. Said test should include the following areas:
    • Basic form of spork (stops the old "is this a fork or is it a spork" question in the lunchline)
    • Basic application of spork to lunch (by basic I mean VERY basic. "This is a porkchop. You insert the pointy parts into it first.")
    • Basic spork skills (Don't insert the spork into your eye. Remove the food from the spork using your teeth, not your hand)
    • Basic spork security (in fact, don't even include the word "security". Include this in the basic application section. Cover topics such as "don't share your spork, you might get cooties")
    • How to report a problem (if there is a school chef or cafeteria supervisor available)

    Hmm... actually, we could solve all of this and have a slashdot moderating competency test. Basically, whenever some short-sighted elitist suggests an insane reduction of basic freedoms for absolutely no reason, a mod of "insightful" will result in instant failure. Yeah, I think that would do it.
    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
  52. Computer responsibility by Nucleon500 · · Score: 2, Interesting
    Your computer (except at work) is your property, and you get to decide what runs on it. If someone does something bad on your property, and you didn't give them permission to do so, it's their fault. Storing kiddie porn on an infected computer isn't different from storing it in someone's garage: it's still your fault, even if they didn't lock their garage or secure their computer. So if this guy's telling the truth, he's innocent.

    The reason so many computers are so insecure is that most computer users are completely unqualified. But the solution isn't to legislate them off the net. I think computer vendors should administer a test, and if you pass, you get a discount.

    When you get auto insurance, they offer to give you a video and CD-ROM (Windows, ugh) training course, and if you pass it, you get lower premiums. Dell could do this: after all, competent users cost them less in tech support time. So all of us nerds would get cheaper hardware, and everyone else would have an incentive to learn the basics of computer use and security.

  53. Just out of interest... by Nurgled · · Score: 2, Interesting

    Is it illegal for a minor to download sexual pictures of people his or her own age?

    I'm just curious. I bet there are at least a few horny 13-year-olds who would rather look at people their own age.

    1. Re:Just out of interest... by 0111+1110 · · Score: 4, Insightful

      Is it illegal for a minor to download sexual pictures of people his or her own age?

      It is indeed. Otherwise the mere presence of a male teenager in a household would excuse anyone else living there of any ViewingCrime. What is even more strange is that a 16 year old guy is not even allowed to take naked photos of his 16 year old girlfriend. If she were in an even slightly sexually suggestive pose and possibly even if she weren't, he could go to prison for quite a while.

      Also, if there were an age limit below which it were legal to possess "child porn", imagine the absurdity when, after a couple of years, the 16 year old guy wants to keep the nude photos of his girlfriend from when she was 16. Or maybe he just forgot about them on his hard drive. Now that he is 18 and a full legal adult (in the US at least), he would be prosecuted as an adult for the heinous crime of possessing child pornography.

      Two 13 year olds having sex or just being naked in the same room may or may not be illegal depending on the state, but as soon as one of those 13 year olds takes a photo of the other one, it is indeed a very serious crime.

      All of this pretzel logic is in the name
      of "protecting the children" however. So it's ok. Sometimes I am just so astonished by the stupidity of our species.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    2. Re:Just out of interest... by Molina+the+Bofh · · Score: 2, Interesting

      What's more interesting is that it'd be a crime if this 16 y-o guy took a self pic, showing nothing but himself naked, and published it on the internet.

      --

      -
      Roses are #FF0000, Violets are #0000FF, find / -name '*base*' |xargs chown -R us && mv zig greatjustice
  54. Re:Very Easy, no 'breakin' required by cens0r · · Score: 2, Interesting

    It is possible to cut the brake lines so that fluid leaks, and your brakes go out mid-drive. But lets use an even better example. Lets say someone steals your car. You left it unlocked. This person runs over 3 kids. He gets away and leaves no trace. Are you guilty of a crime?

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  55. It's a good thing. by neema · · Score: 2, Insightful

    I'm happy courts give leighway on arguments like this, even with the potential for abuse in mind. It's like the idea of pleading insanity, or temporary insanity. Most people don't like the idea because what they've seen on TV, but in actual statistics, as far as the US is concerned, the plea is rarely used and it's even more rare for it to be accepted.

    Same idea with computers. While an insanity plea means you couldn't control your mind, the virus plea means you couldn't control your computer, and it's totally plausible. I just bought a new laptop and was browsing through some sites, being bombarded with pop-ups. I was going to click a button, but the pop-ups kept... well, popping up, and just as I went to click the button, a pop-up sprung up and I clicked yes on that instead. (This was before I could install Mozilla or anything else to get around that kind of situation.) Almost immediately, there was all this porn-ware and spyware installed on my machine. I used ad-aware and spybot but, still not satisfied with the clean-up job, just formatted and reinstalled. The average user would not have even heard of ad-aware or spybot or thing that it was that big of a deal.

    Use the computer of a friend of yours who is an average computer user. Downloads music, checks e-mail, chats... that kind of thing. Run ad-aware or spybot on their computers. When I do this to help clean up friends computers and improve performance, the programs find something like a thousand files that are in suspicion. Sure, it'd be great if they could be more educated about the situation, but the education isn't readily avalible unless you're looking for it. To compare the use of a computer to driving a car is absurd. The system for licenses is very organized and infractions can clearly be observed, and then punished, as they're in public. You drive outside so it's relatively easy to make sure you're doing the right thing and even then, not everyone who doesn't signal as they change lanes or stop at red lights gets caught. Now image trying to apply such a thing to people while they're in the privacy of their own home.

    A solution (maybe it's temporary) will be to hear these exceptions in court and I could only hope that further courts will follow such examples.

  56. About his future life... by xyvimur · · Score: 3, Insightful

    This case tainted him forever. He'd lost his personal life, probably most of relatives turned away from him. It doesn't matter that he wasn't guilty. At least two types of crimes you can be accused and that will ruin your life whatever the outcome is. I mean peadophilia and rape. For many it will be enough that he was accused, no matter what was the decision of court. It's worse than shit under your shoe...
    On the other hand he should be grateful that case ended this way, if he would gone to prison - many `nice' people there would take `care of him'.

  57. Re:whoever the RIAA said did it by Peterus7 · · Score: 2, Funny
    Wow, this is just a jackpot of excuses for when your mom checks the history of your computer and finds everything you don't want her to see...

    "Mom, it was a virus... No, it was the RIAA... No, it was a big corporation... No, it was Gabe and Tycho... No, it was Dad... From the grave... No, it was Steve Jobs and Bill Gates fused together using alien android technology to make StevGate, the ultimate computer genius... Yeah. That's it..."

  58. easy by RMH101 · · Score: 2, Interesting

    any with WOL or a bios that supports it. My old work dell used to turn itself on at 8am every weekday so it looked like i arrived early...