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Man Fired When Laptop Malware Downloaded Porn

Geoffrey.landis writes "The Massachusetts Department of Industrial Accidents fired worker Michael Fiola and initiated procedures to prosecute him for child pornography when they determined that internet temporary files on his laptop computer contained child porn. According to Fiola, 'My boss called me into his office at 9 a.m. The director of the Department of Industrial Accidents, my immediate supervisor, and the personnel director were there. They handed me a letter and said, "You are being fired for a violation of the computer usage policy. You have pornography on your computer. You're fired. Clean out your desk. Let's go."' Fiola said, 'They wouldn't talk to me. They said, "We've been advised by our attorney not to talk to you."' However, prosecutors dropped the case when a state investigation of his computer determined there was insufficient evidence to prove he had downloaded the files. Computer forensic analyst Tami Loehrs, who spent a month dissecting the computer for the defense, explained in a 30-page report that the laptop was running corrupted virus-protection software, and Fiola was hit by spammers and crackers bombarding its memory with images of incest and pre-teen porn not visible to the naked eye. The virus protection and software update functions on the laptop had been disabled, and apparently the laptop was 'crippled' by malware. According to Loehrs, 'When they gave him this laptop, it had belonged to another user, and they changed the user name for him, but forgot to change the SMS user name, so SMS was trying to connect to a user that no longer existed ... It was set up to do all of its security updates via the server, and none of that was happening because he was out in the field.' A malware script on the machine surfed foreign sites at a rate of up to 40 per minute whenever the machine was within range of a wireless site."

635 comments

  1. What is the real truth here? by Mesa+MIke · · Score: 4, Insightful

    It just seems immensly more likely that he got infected by malware from surfing porn sites, than getting infected by porn from having malware.

    1. Re:What is the real truth here? by Paul+Pierce · · Score: 3, Insightful

      It just seems immensly more likely that he got infected by malware from surfing porn sites, than getting infected by porn from having malware. But Child porn? Would he be that dumb? I've seen many really infected machines, and let me tell you so nasty stuff pops up, and I really hope if they were surfing porn that they were able to find better stuff than that.

      Oh, and by the way, the real Truth is here. (check my name)
    2. Re:What is the real truth here? by John+Hasler · · Score: 4, Informative

      Sounds like it may have been the previous user that got the machine infected.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:What is the real truth here? by One+Childish+N00b · · Score: 5, Funny

      Hey, this trick worked on my mother when she busted me with (regular) porn on the family computer back in the day. I just showed her some flashy sensationalist article from the newspaper about 'malware' and 'popups' and told her the internet must have done it. Obviously it was that evil internet that had filled her computer with pornography, and not her pure-minded, cherub-like son. Curse that evil internet.

      I wonder if she ever noticed that 'the internet' preferred brunettes?

      --
      Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
    4. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      Do you know Tami? If so the rest of this comment doesn't really apply. I reckon that in matters that aren't reasonably trivial (like deciding where responsibility for getting images of child abuse on a laptop lie), you're best off acknowledging whatever your intuition tells you and taking note of it. That way your much better equipped to count-act the selective perception bias that you might otherwise not notice. Honestly, imagine you discovered one of your employees had child porn on your laptop. With your frame of mind you'd be likely to jump to the conclusion that he has breached your IT policy - instead of considering that as one of many possibilities that need to be investigated.

    5. Re:What is the real truth here? by couchslug · · Score: 4, Insightful

      "Sounds like it may have been the previous user that got the machine infected."

      Sounds like a good reason to either demand a clean install when being issued a machine (and check it yourself anyway) or (if dealing with clueless types) wipe it, hand it back, and play the luser:

      "Uhh, I can't log on..."

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    6. Re:What is the real truth here? by susano_otter · · Score: 5, Funny

      Let me guess: Your mom is a brunette...

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    7. Re:What is the real truth here? by blofeld9999 · · Score: 5, Funny

      She is. I know this because I also prefer brunettes.

    8. Re:What is the real truth here? by One+Childish+N00b · · Score: 1

      She is - maybe she was just upset that the internet was seeing other girls?

      --
      Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
    9. Re:What is the real truth here? by base3 · · Score: 1

      Well played!

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    10. Re:What is the real truth here? by Missing_dc · · Score: 5, Interesting

      As a sys-admin, I was given a laptop to use that was my predecessor's. While doing a search of the laptop, I found A LOT of porn in the internet cache. My predecessor had used the firewall/lan bypass device we reserve for site visitors to surf for porn on company time. I did not report him, I simply contacted him and said "I seem to have found some adult material on your laptop, all time and user stamped for you. I think I will re-image this machine, do you have any objections?" He seemed pretty thankful that I was doing so and has been very helpful towards me ever since (8+ months).

      I would like to think that as a sysadmin, I have the duty to protect both the company and the users under my watch. I was not harming the company by giving this guy an out(especially since he had just got a big promotion and an expensive move to corporate HQ).

      Do you think I did wrong in not reporting the guy? (It was obviously deliberate browsing, but no kiddie stuffs)

      --
      How amazed would you be to suddenly find that you just forgot what I wrote and you needed to reread my post.... again.
    11. Re:What is the real truth here? by Anonymous Coward · · Score: 2, Funny

      "Do you think I did wrong in not reporting the guy? (It was obviously deliberate browsing, but no kiddie stuffs)"
      No, who gives a shit? Unless you've got a personal stake in the company, why do you care if some other employee is fucking off on company time?
    12. Re:What is the real truth here? by JohnBailey · · Score: 1

      It just seems immensely more likely that he got infected by malware from surfing porn sites, than getting infected by porn from having malware. Possibly, but he wouldn't even have to do that much. Especially with an unprotected computer. Ever type hotmale instead of hotmail? type screen savers into Google? Surf for wallpaper sites? flash games etc. It is pretty easy to come across lots of malware just innocently surfing for mundane everyday stuff. Even easier if you have only a vague idea of what you are doing.

      It's very easy for us to find such innocence hard to credit, but when you fix computers for clueless friends, it starts to make much more sense. No virus scanner, no firewall, no malware scans, nothing but a bare browser and an unpatched copy of Windows facing the internet.

      --
      It is difficult to get a man to understand something when his job depends on not understanding it.
    13. Re:What is the real truth here? by Anonymous Coward · · Score: 5, Insightful

      I've noticed from having kids that when kids think they're getting away with something, it's just that the whole thing sucks (embarrassing for both or just annoying) so you let the kid think he got away with it. One day, if you have any kids, you'll figure this out.

    14. Re:What is the real truth here? by Anonymous Coward · · Score: 1, Funny

      Won't work when you're caught with the little guy protruding from your opened zipper.

    15. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      I knew some forensics when I was like 13 and would manually clean up after myself, rather than clearing all cache/history, so the data didn't look odd. Also managed to hide files in the Windows profile directories, for a profile nobody knew existed, and nobody knew to look in C:\Windows\Profiles. When I got my computer, stuff was dicked around inside C:\Program Files\ install folders, and after that was just kept locked up in a Linux box nobody could figure out anyway.

      When your kid's a programmer at 6, and using alternate OSes at like 15, it's out of your hands.

    16. Re:What is the real truth here? by rts008 · · Score: 1, Interesting

      Although the questionable files should not have even existed on a company owned and admin'd pc, I feel that your approach to the issue was more than reasonable unless you were trying for the BOFH extortion approach.
      You had him over a barrel, but seemed to allow him an escape. This is a more productive approach than usual, ahd having been caught in the middle of a similar incident (not of my making), I can only applaud your discretion and handling of the issue.

      At times it's difficult to make a decision on how to handle something like this without some personal knowledge to help, but sometimes you can fall into circumstances beyond your influence level to deal with.

      *disclaimer*
      I fell into a /. goatse+tubgirl link trap at work several years back that caused a similar incident. We were allowed to cruise /. at the time during our 'scheduled breaks' and I got trolled bigtime due to being a /. n00b, and it cost me my job.
      I know better now, but at the time I had no clue.
      My boss was NOT amused by the link.

      I realize my anecdote may not be typical, but I present this in the framework that sometimes it is not a deliberate and knowing action that can cause grief. At the same time I will acknowledge the fact that sometimes emplyees will go out of their own way to 'stomp on their own dick'.

      All I am trying to say is that it may not be a cut and dried incident. You gotta check it out in detail before you ruin someone's career if you attest to being responsible.

      In view of that, it sounds (Heh! Heh!-listen to me!) that this person MAY have been in the 'flakey' side of truth, but who knows for sure.

      I can't answer your question about "Do you think I did wrong in not reporting the guy?" without more specific information/data, I can say that I find your solution admirable as long as :
      1. The problem stops/ceases to exist.
      2. It had no impact on the network/server environment.
      3. You are not a BOFH, and plan to exploit this alleged lapse in IT Security, and have plugged the 'holes'.
      4. You have been/are allowed to eliminate this problem from here on out.

      It's much easier to give the benefit of doubt and deal with the issue than to declare war on your users and cause a company/corp wide crisis.

      I admire your handling of the problem as far as the info you gave, but under different circumstances, a much different solution may have been in order.

      P.S. Did I cover my own ass adequately with that answer?
      Sorry, but it's what I have learned to do in Corporate USA instead of actually doing my real job.

      P.S.S. Maybe that's why I am currently unemployed?!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    17. Re:What is the real truth here? by palegray.net · · Score: 5, Informative
      The phrase "innocent until proven guilty beyond a reasonable doubt" comes to mind. Forensic analysis of the machine apparently showed it to be severely compromised by malware. Allow me to quote from one of TFAs:

      "What I found is, he would log in to the state's Web site, he'd be on for five or 10 minutes and during the exact same time that he's filling out a form, an image shows up, out of nowhere. No typed [Uniform Resource Locator], no search, no Web site activity, just bam, a cached image shows up on his computer," Loehrs said. The offending images were located in the laptop's browser cache directory.

      "He'd have 40 Web sites hitting his computer in a minute -- who's the IT guy who looked at this and said, "Wow, this guy is pretty active on the Internet?'" Loehrs said. "It's physically impossible!"

      Loehrs found a script file that was set to go out and run its own searches on foreign Web sites, she said. "And once you get into some of these foreign sites, you'll get all kinds of stuff you don't want to see.

      "Actually, the child pornography was just a very small portion of it. The majority was just bizarre porn. He was being hit with everything," she added. Are you still so certain of your position?
    18. Re:What is the real truth here? by nobodymk2 · · Score: 1

      Depends on how legal the porn is. You know you need to re-image a hard drive 7 times to be unrecoverable by forensic teams? (Or delete the content in 32 passes, meaning delete, fill space with bogus data, repeat).

    19. Re:What is the real truth here? by Codifex+Maximus · · Score: 1

      >Do you think I did wrong in not reporting the guy?

      Politics can be a sticky business. You've found him out and might "know too much". If he has more power in the company than you, you should have some insurance. It wont keep your kiester out of the fire but it will take him down with you.

      The position, politically, you've been put in is not an easy one. If you report people, you might get the reputation as a stool pidgeon of sorts or a snitch. On the other hand, if you let it slide then the offender might try to slide more past you in the future.

      Hopefully, he is the kind of person with a grain of integrity and has learned his lesson. If so, then you should have an ally. Only you can make the judgment call on that one.

      Personally, I think you did the Right Thing(tm) in giving the guy an out. Sun-Tsu and all that. Just CYA.

      --
      Codifex Maximus ~ In search of... a shorter sig.
    20. Re:What is the real truth here? by hairyfeet · · Score: 5, Informative
      Actually he didn't need to even look at ANY porn. I have worked more years in PC repair than I care to admit and I can tell you from experience I have seen an old lady's PC infected from a travel site, one that got rootkitted when his kid went to get gameshark codes and a couple hit by ActiveX drivebys from "webchat" sites the teenage son went to. These are just the ones I know about,because I knew these folks and I got curious and so went to the sites listed in the IE history for the times that the customer said the PC started "acting weird". I used to keep an old WinXP box with a 4Gb HDD that was imaged just for checking out malware or testing bug removal tools and was surprised how quick these "legit" sites hit that box.


      And let us not forget even trusted websites can get compromised,so for all we know this guy was surfing a legitimate website and got hit by a driveby or one of the many exploits that had been released since his machine no longer was updating. I personally hope he gets enough out of them in a lawsuit that he never has to work again. It is obvious to me they never bothered to look at the laptop except to look for porn,and the fact that it was THEIR OWN SCREWUP that caused this in the first place should make it a slam dunk for any decent lawyer. But as always that is my 02c from many years of fixing Windows boxes,YMMV

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:What is the real truth here? by spir0 · · Score: 1

      well, that depends on his promotion and how it can be used to your advantage. that's what you're thinking right?

      well, what happens if someone higher than him finds more porn later, and this guy turns around and says "that's ok, the sysadmin will just clean it for me again."

      could land you both in the poo. I wouldn't do it for anyone I wasn't getting great sex from. then at least you can justify getting fired.

      --
      The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
    22. Re:What is the real truth here? by story645 · · Score: 2, Insightful

      Unless, you're just as good and that's why your kids a programmer at 6.

      --
      open source modern art: laser taggi
    23. Re:What is the real truth here? by bluefoxlucid · · Score: 0, Flamebait

      I routinely exceed every skill my parents (or anyone) tries to teach me in a few months. I can deal with human transfer of knowledge really well, ask the right questions, infer most of it myself, bypass things I'm being told that I already figured out (i.e. complete the core point while you're talking), etc. Once my interest is in something I exhaust everyone I know who knows something about it, and then add my own research, and I'm better than the lot of them.

      My dad can code but he's not so good at it; he took an operating systems class and I had to explain how operating systems work to him... from knowledge I gleaned toying with the linux kernel on my own time and asking a ton of questions. He's not even any good with a computer.

    24. Re:What is the real truth here? by Anonymous Coward · · Score: 3, Funny

      I routinely exceed every skill my parents (or anyone) tries to teach me in a few months Ask for lessons in humility.
    25. Re:What is the real truth here? by nyu2 · · Score: 0

      Actually, you only need to delete it ONCE, unless people already suspect you of something. Companies don't go around giving random employee computers to forensics teams.

    26. Re:What is the real truth here? by story645 · · Score: 2, Insightful

      That's your situation, and granted I also run circles around my mom (a programmer) when it comes to computers. But what about when/if you have kids. Do you really expect that they'll be that much better (or even as good), even ignoring the intellectual challenge of trying to break whatever levels of security they went through. Even if they are very good-even if you don't know how to implement, you've got a vague understanding of what's possible, just from background and experience.

      All that kind of adds up-I'm sure there are guys on ./ perfectly aware of their kid's porn harddrive who are just pretending it does not exist 'cause it's not a battle worth picking.

      --
      open source modern art: laser taggi
    27. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      Whatever you are doing, work at it whole-souled as to Jehovah, and not to men. -Colossians 3:23

      For one who cares about more than just himself and what he gets out of the world, this principle certainly applies.

      I do not mean to imply that to report him would be the only right thing to do. In fact, it may even be considered loving to have not done so. What I would say, though, is that if you care about what God thinks, you should not adopt an attitude akin to the one stated by the above post.

    28. Re:What is the real truth here? by laparel · · Score: 1

      I routinely exceed every skill my parents (or anyone) tries to teach me in a few months Ask for lessons in humility. He has exceeded that one as well, you insensitive clod!
    29. Re:What is the real truth here? by Anonymous Coward · · Score: 0, Flamebait
      That principle doesn't certainly apply. It only applies, in fact, if you subscribe to a certain ancient line of bullshit fed to an ignorant people to make them behave. Your God doesn't think anything at all about the great-grandparent poster's actions, because your God doesn't exist.

      I'm not the guy who wrote the post you were responding to. It's possible that he does believe in God. But it's significantly more likely than usual, since he's probably well educated and intelligent, that he doesn't.

      In order to convince people to behave morally, it's not sufficient to invoke a myth that many people don't believe in and take it as given that they should care what he thinks. Try reason instead.

    30. Re:What is the real truth here? by Neagrigore · · Score: 1

      I think I would do the same, therefore my feeling is that you acted right, probably. I say probably, because it may be something else beside porn, and surfing for porn on a company machine is reckless, which is not a great feature for anybody, especially for a sysadmin. Bottom line, from the human perspective you did good, from your own safety prospective, you could have done better. But I think you already know that.

    31. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      YOU HAVE RUINED ME!

    32. Re:What is the real truth here? by joemod · · Score: 1

      I think that you did right not reporting him. My honest question is what sort of sysadmin i.e. someone who knows a lot about security, privacy etc, is he since he did not permanently erase his cache and his history from the computer. Sorry for going bit offtopic

    33. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      So if i fap, i should fap it for Jehovahs not my pleasure?

    34. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      What you posted seems to be untrue and damaging to the guy. Probably sufficent to get you sued. As others have pointed out, it probably wasn't even him who infected the computer, but the previous user. As such I was going to record a way of finding you here so you were easier to sue, but since I see you make some valuable contributions to the world I won't.

      Please think before you post such stupid things.

    35. Re:What is the real truth here? by Tomas_Bakke · · Score: 1

      but how did you explain the hand down your pants ?

    36. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      I won't be surprised that the same sort of urges (drives ;) ) CEOs have for accumulating power and money also applies to porn and other stuff.

      So one day if he is cunning and competent enough to not "fall" unrecoverably, he might be a CEO.

      Depending on how you handle things and the sort of person he is,

      a) he might consider that you can be trusted.
      b) he might consider you a threat to eventually be eliminated.
      c) both ;)

      Personally I wouldn't like to get involved in such "games". So I'd just "not see" it and I'd object to it being part of my job to actively look for such stuff - since I don't see how it would benefit the company. If I wanted to control browsing I'd have a monthly report with the top 10 sites and users (but as I said the bosses are likely to be at the top ;) ).

      Anyway I guess it's too late for you. If he seems to be taking it well, then I suggest you never give the impression that you are holding what you "have" like a sword over him. If you see signs of resentment or negativity building up, you better figure a way to handle the situation.

    37. Re:What is the real truth here? by Kokuyo · · Score: 1, Interesting

      Why?

      Seriously. Why?

      He obviously speeks from experience. Why should he be all "Naw, I'm not really that good" if he actually is? Just so YOU don't need to feel challenged?

      As far as I can tell he didn't say he's better than everyone else. He just says he's better than most people around him which should be true for a lot of people on Slashdot, don'tcha think?

      Knowing what one is worth is a very important piece of knowledge. Not letting it get out of hand is a skill at least as desirable but whether he has that or not seems pretty hard to judge over the internet. So I just think YOU should STFU as long as you neither know the dude nor the people in his close vicinity.

    38. Re:What is the real truth here? by TheLink · · Score: 1

      One Childish N00b (780549): "wonder if she ever noticed that 'the internet' preferred brunettes?"
      susano_otter (123650): "Let me guess: Your mom is a brunette..."
      blofeld9999 (1010357): "She is. I know this because I also prefer brunettes"
      One Childish N00b (780549): "Dad is that you?".

      --
    39. Re:What is the real truth here? by smallfries · · Score: 4, Insightful

      Yikes I remember being 18 as well. Don't worry by the time you grow up you'll be amazed at how much everyone else has learnt. I'm only half taking the piss. When I first turned up at uni as a fresh faced undergraduate you've perfectly described my own self-image. Now that I'm an older, more cynical postdoc I see the world differently.

      One thing that will make a real difference for you is to find your natural peer group. Until then, like the AC said: ask for lessons in humility.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    40. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      Sounds to me the IT department dropped the ball as well. Not making sure the antivirus software was updating, and only renaming the user account for the defendant?

      Whenever we give a new PC/laptop to a user where I work, I go through that computer getting rid of any software they wouldnt need, making sure everything else works, and then give it to them.

    41. Re:What is the real truth here? by Hognoxious · · Score: 2, Funny

      He obviously speeks from experience.
      He obviously claims to.

      Why should he be all "Naw, I'm not really that good" if he actually is? Just so YOU don't need to feel challenged?
      On teh intarwebz, nobody knows you're a dog. That's what Chuck Norris told me - I say told, he more or less gasped it - after I kicked his ass.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    42. Re:What is the real truth here? by hesiod · · Score: 1

      Jerking for Jesus! (... not to Jesus, sicko)

    43. Re:What is the real truth here? by ryszard99 · · Score: 1

      my hat off to you sir, that is the best sig i've seen in ages.

      --
      -- $_='ab-bc ratvarre';tr"'a-z'"'n-za-m'";print
    44. Re:What is the real truth here? by halcyon1234 · · Score: 1

      firewall/lan bypass device we reserve for site visitors to surf for porn on company time

      That's a mighty nice service for your company to provide to their visitors.

    45. Re:What is the real truth here? by Pig+Hogger · · Score: 1

      Yikes I remember being 18 as well. Don't worry by the time you grow up you'll be amazed at how much everyone else has learnt.
      One of the most enriching experience I ever had was when I was about 25, and taking care (alone) of all the computers of a medium (~100 employees) industrial company. Back at that time (this was when you had 12 simultaneous users on a 12 mhz 286 box with a 80 gig hard drive, back when SCO was actually good), this involved **LOTSA** programming on an old, creaky software that was patched and repatched and re-repatched by the owner's son (my boss, who hired me because being president took too much of his time to patch).

      When I had some backlog, they hired someone to help me: a 35 year DP veteran who started working in the '50s with plug-board tabulators. Since I had some interest in the history of data processing (I collect old mechanical calculators), the man was a treasure of information (not very job-related)... Alas, one monday morning, he did not show-up at work anymore, having suffered a heart attack while moving some furniture over the week-end (never had any news of him afterwards).

    46. Re:What is the real truth here? by RiffRafff · · Score: 1

      Sounds like the laptop was never re-imaged before being issued to this guy. DIA's IT department should be held directly accountable. Giving a person someone else's used machine without a new image is unacceptable. DIA needs to step up, apologize, and compensate him. Period.

      And he needs to figure out that his "friends" that abandoned him, weren't.

      --
      "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
    47. Re:What is the real truth here? by smallfries · · Score: 1

      Yeah, my first job gave me some similar experiences. From the old-school unix hackers who turned up their noses at the crappy 386 dos boxes that most of us used and showed me how to log into the big scary sun boxes to get some real work done, to the shit-hot programmer who would rewrite the software stacks over his lunch hour and then wonder why it took other people weeks to do the same work.

      Some time after meeting these guys (when I'd had long enough for what they taught me to sink in) I realised that I wasn't the smartest guy in the world. Nice thing is I've just reached the age where I can do the same for students.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    48. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      Paul Pierce?

      Congratulations on winning the NBA Championship.

    49. Re:What is the real truth here? by Anonymous Coward · · Score: 0

      - also makes you wonder what he was up to in the field :)

    50. Re:What is the real truth here? by Rocknrico · · Score: 5, Interesting

      You can't imagine the world of crap awaiting that guy had you reported him. It would have been a problem that would probably haunt him for the rest of his life. My spouse recently almost lost her job after a 40 year old arrest for dope surfaced in the FCIC database after a background check. Nevermind that she has a clean record since 1968, and has tirelessly worked with youth groups, sunday school, Boy/Girl scouts and extremely active both at church and the community. In fact, the official arrest /court records don't even exist after a 1997 fire at the courthouse destroyed everything. As a computer professional, I'm shocked that Georgia went back so far in time to key that data into the database. You definitely did the right thing. Definitely.

    51. Re:What is the real truth here? by TheCarp · · Score: 1

      I say no.

      As a sysadmin myself, I will assume he is an exempt employee, as you are. As a sysadmin, I will assume he gets oncall rotations and has to fight fires. The line between "my time" and "company time" is a very blurry one in our world.

      Sure he may have been at the office when he viewed porn, but as a laptop it may have been at home. It may have been during "work hours" but how many "work hours" were supposed to be "his time"? When the definition of an exempt employee is one who is allowed to determine when he accomplishes work rather than being given certain tasks to do during certain hours (or thats how I understand it)

      In the end, I think the standard of "no harm no foul" is the right play. What only happened for his eyes or the eyes of consenting adults is their buisness so long as its happening wasn't causing a problem. He should have been more careful (epesciailly as a sysadmin), but in the end, viewing some porn didn't harm you any.

      If anything, I would question why you wasted any time snooping around? With new hardware the first task is to re-image the thing. When my company issued me the laptop I am typing on now (talk to me about slashdotting at work when I am still pounding out project deliverables for a 9 am meeting at 5 am), I never even booted the OS that came on it... first thing that happened was a re-image.

      The rest of the network relies on me and my PC, I have to be sure of whats on it. First thing I do with a machine is a wipe, last thing I do when I leave it behind is a wipe. I do both myself.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    52. Re:What is the real truth here? by kaosfury · · Score: 1

      Most of the places I have worked at the IT department will wipe and reinstall a machine before giving it to a new user. Where I currently work, we completely wipe the hard drive with dban, then restore a base image for the computer model. This would prevent this kind of thing from happening.

      --
      "Trust that little voice in your head that says 'Wouldn't it be interesting if...' and then do it." - Duane Michals
    53. Re:What is the real truth here? by rgviza · · Score: 1

      A stern warning is justified. Just let them know that the stuff they do on a corporate machine can be tracked to them and used as a reason to terminate their employment. Explain how those sites often have malicious scripts that install malware and can necessitate a re-image, which costs money, time and aggravation. If I was the guy in TFA, I'd be hiring an attorney right now for a wrongful termination and libel suit and seek punitive damages for sullying his name, as well as his job back. He's not responsible for his administrator's sloppy work and hasn't done anything wrong. A child porn termination is not a good thing to show up when a prospective employer Googles your name. This is irreparable harm. -Viz

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    54. Re:What is the real truth here? by Slashdot+Parent · · Score: 1

      When your kid's a programmer at 6, and using alternate OSes at like 15, it's out of your hands. You're forgetting that I was also a programmer at 6, and I didn't have my first child until age 29. That means I'm always going to have 25 years, give or take, more computer experience than my first child. That's an awfully large gap in knowledge to bridge.

      On the flip side, and you'll understand this when you have kids, is that letting them think they have gotten away with something from time to time is good for their development. Parents who don't recognize the need to foster the development of their kids' sense of independence are the same parents who you hear complaining about their 28-year-old "boomerang children" they've got living rent-free in their basements.

      But that might hit a little close to home for some slashdot readers...

      With this new perspective, it's amazing to me how many people, well into adulthood, still believe they "got away with" so much as kids. I know that I am guilty of this personally. In middle school, I couldn't believe how naive my father had been to hide a stack of Playboy and Penthouse magazines in a box in the basement that had no other contents. It took me until I had children of my own to realize that had my father truly intended to "protect" me from this pornography, he could have found a much better hiding place, such as the county landfill.

      Take a look back at all of the devious things you did as a child that you believe you got away with. But this time try to look with an objective eye. It's funny, I never realized just how clever my parents were until I had kids of my own.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    55. Re:What is the real truth here? by arth1 · · Score: 1

      Trust me, you will pay for your kindness.
      No good deed ever goes unpunished, and while he may appear thankful to your face, he will almost certainly do what he can to get you fired before you can disclose this to anyone else.

      If you didn't want to report it, it would be far better to not say anything to him about it, but keep it in mind as an example of his ineptitude and the Peter Principle.

    56. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      As far as I can tell he didn't say he's better than everyone else. He just says he's better than most people around him which should be true for a lot of people on Slashdot, don'tcha think? Important distinction. I have little interest in, say, chemistry? I have a chemist friend, but I know not much about it. I have massive interest in, say, Linux? I have a sysadmin friend, but he doesn't truly understand the design concepts of the system from basic threading and memory management to process scheduling, or even the security structure. At some point I put in study beyond what he had interest in.

      There's a poor side effect here: people start thinking you know EVERYTHING, or think you know everything. I'm always seeking more knowledge, but people don't quite get that.
    57. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      I'm 23 next month.

      My peer group doesn't include anyone with a BS in a subject they really understand (the whole "Don't ask questions, just pass the final by rote memory" thing), save for a statistician and an electronics major, both of whom I'll only catch up to if I actually take a degree program.

      Haven't you noticed the vast lot of people that go, "I took Computer Science 3, I know what I'm talking about, I wrote AI algorithms and developed a 3D network game like Doom 3" and then immediately say something retarded like "If you're on a network then a virus can start overwriting memory from another computer and infect you," and subsequent probes show they understand this as some black magic rather than something having to do with a programmatic process like, say, a security hole in the OS TCP stack? Yes, I know networking and compsci grads that honestly believe the network has direct access to RAM bypassing the OS; and that's not the least of the horrendous idiocy out there.

      These people have a vast wealth of knowledge, they can do amazing things, but they just stop short everywhere. The people that don't are folks like Baxandall, Morris, etc, people who invented a new process or did something (good, bad, stupid) relying on seeing something in a completely different and special light from their peers. They look at the stuff people tell them and go, "Wait, what, this doesn't make sense. Could you explain how this works?"

      Never stop asking questions. If you don't think you understand something, ask; the learning process sucks because you get to prove repeatedly how dumb you are, but when you're done making a fool of yourself you might actually know more than the folks who decided to be prudent and just sit quietly while shit flew over their heads.

    58. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      On the flip side, and you'll understand this when you have kids, is that letting them think they have gotten away with something from time to time is good for their development. Parents who don't recognize the need to foster the development of their kids' sense of independence are the same parents who you hear complaining about their 28-year-old "boomerang children" they've got living rent-free in their basements. Yeah, I'm still living with my parents. Just bought a car and there was a huge battle, they didn't want me to get a manual transmission any more than they'd have wanted me to convert to Wiccan, so I'm spending $13000 of my own money on a car I don't want (I also believed a $2000 used car would be more fiscally responsible, since I had $500).

      I'm at the point where I finally realized they've never been supportive of me making my own decisions... and now I'm tearing my life apart and putting it back together trying to get shit back on track. I'll probably sell the car and get the one I want as soon as I have money (bad financial decision, unless I get a used one.. probably won't, but I've projected the financial impact for 2 years and weighed it out), just so I can say I made my own fucking decision for once. I think in January I should be ready to actually move out, might delay as long as March to finish a safety net and do a proper examination of options.

      I won't be involving my parents, of course. I've never in my life understood the strange material bond people share with their parents; they always seemed like a threat to me, or a tool (I need a place to live), depending on context. Thousands of people have slipped in and out of my life, they'll slip out just as easily and I'm done with them and can finally deal with the world on my own.

      (Indication you didn't raise your kids right: They decide they need to fix their broken life, you're not helping, and they want to get as far away from you as possible to prevent further damage)
    59. Re:What is the real truth here? by Slashdot+Parent · · Score: 1

      Yeah, I'm still living with my parents. Just bought a car and there was a huge battle, they didn't want me to get a manual transmission any more than they'd have wanted me to convert to Wiccan, so I'm spending $13000 of my own money on a car I don't want (I also believed a $2000 used car would be more fiscally responsible, since I had $500). Purchasing a reliable used car is definitely a better financial decision that purchasing a new car. Not that you need to hear this from me, since you've already crunched the numbers for yourself, but I just wanted to reaffirm that you figured correctly.

      I'm at the point where I finally realized they've never been supportive of me making my own decisions... and now I'm tearing my life apart and putting it back together trying to get shit back on track. I'll probably sell the car and get the one I want as soon as I have money (bad financial decision, unless I get a used one.. probably won't, but I've projected the financial impact for 2 years and weighed it out) I would advise against making incorrect financial decisions just to spite your parents. For one thing, it screws up your finances, which you indicate are precarious. For another thing, would this really add to your independence? I would argue that it does not, since you are still making decisions based on your parents' (negative) influence instead of making decisions strictly for yourself.

      Crunch the numbers and do what makes the most sense for you. Not what irritates your parents the most. ;)

      I think in January I should be ready to actually move out, might delay as long as March to finish a safety net and do a proper examination of options. I agree with you that moving out would be a wise course of action. You'll never be your own person until you get out of the nest.

      I won't be involving my parents, of course. I've never in my life understood the strange material bond people share with their parents; they always seemed like a threat to me, or a tool (I need a place to live), depending on context. Thousands of people have slipped in and out of my life, they'll slip out just as easily and I'm done with them and can finally deal with the world on my own. I'm going to give you a little advice here to tuck away for the future. Definitely get out from underneath your parents. Get out on your own. Breathe the fresh air. If you have to, take a break from your parents for a bit.

      But this talk about people slipping into and out of your life--be careful with that. Many times people with overbearing parents are able to reforge that relationship in a healthy fashion after achieving independence. You may find that your parents respect your individuality, intelligence, and decision-making competence once they see you thriving on your own. It is true that some people you can never satisfy, but I think you'll find it to be worthwhile to give your parents another chance once you are on different terms.

      Parent/child estrangement is tragic, and you should not take this decision so lightly as you have indicated. It should be only a last resort.

      (Indication you didn't raise your kids right: They decide they need to fix their broken life, you're not helping, and they want to get as far away from you as possible to prevent further damage) "Raising kids right" is something that sounds a lot easier than it is. "Broken lives." "Damage." I bet if you to take a step back and look past their smothering, you'll see they are doing this out of a misguided notion of love and protection. Do you truly believe that you are broken? Try not to forget about the truly deplorable conditions that some kids grow up in (alcoholic, abusive, malnourishing, imprisoned, impoverished, foster, etc. parents).

      Summary: Get out on your own, and reforge that relationship sometime in the future.

      Good luck!
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    60. Re:What is the real truth here? by spir0 · · Score: 1

      Thanks. :) Just make sure that when you steal it you credit it appropriately. hehe.

      --
      The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
    61. Re:What is the real truth here? by immcintosh · · Score: 1

      You want to know why? Because his current attitude about himself is as clearly rude as it is unsophisticated. Simple as that.

      Want more? This kid doesn't need a lesson in humility because his lack of it threatens others. He needs a lesson in humility because he is almost certainly not as great as he seems to think he is and is in for either a rude awakening or a life of delusion and disappointment. For that matter, you gain nothing from actively dwelling on your own ability, and potentially stand to lose a great deal in perspective and complacency. In short, his cockiness does nobody any good, least of all himself.

    62. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      Purchasing a reliable used car is definitely a better financial decision that purchasing a new car. Not that you need to hear this from me, since you've already crunched the numbers for yourself, but I just wanted to reaffirm that you figured correctly.

      yeah... I kind of got that. The thing had full maintenance record and was well taken care of, state inspected a year prior, and parents are like "it'll break in a month 'cause it's used duh."

      I would advise against making incorrect financial decisions just to spite your parents. For one thing, it screws up your finances, which you indicate are precarious. For another thing, would this really add to your independence? I would argue that it does not, since you are still making decisions based on your parents' (negative) influence instead of making decisions strictly for yourself.

      Crunch the numbers and do what makes the most sense for you. Not what irritates your parents the most. ;)

      I'm trying to go back and go with what I'd originally decided. I dumped thousands of dollars into an old car trying to fix its peculiar acceleration issues: hit the gas hard, and it slowly raises speed while the engine works hard. This and a minor (half-second) delay in reaction are both actually artifacts of having a torque converter... hence why I wanted a clutch. (Mind you, a clutch forces you to pay more attention to driving... I've been advised I should stick with manual "so you can use your laptop while driving" among other things, and believe this to be bad advice).

      It's what I want... I'm not in a position to get it right away but I can make it work out without destroying my finances in a few months, I believe, so I'm sitting on it for now.

      But this talk about people slipping into and out of your life--be careful with that. Many times people with overbearing parents are able to reforge that relationship in a healthy fashion after achieving independence.

      [...]

      Parent/child estrangement is tragic, and you should not take this decision so lightly as you have indicated. It should be only a last resort.

      [...]

      "Raising kids right" is something that sounds a lot easier than it is. "Broken lives." "Damage." I bet if you to take a step back and look past their smothering, you'll see they are doing this out of a misguided notion of love and protection.

      Uh.

      My mom is an obsessive compulsive self-absorbed psycho who has stated multiple times that she's "going up in the rapture" and won't be around everyone else after that (this means, yes, she's the only one in the world not going to hell). Her every action is meant to make her feel better about herself, or improve her image. She needs to feel superior, and wants no accountability for it (i.e. "You should respect me because I'm your mother" etc, I once posed if she thought it's okay to treat me like trash and she said if she wanted to she should be able to because she's my mother "and you respect your parents.") When I decided I should spend a couple days thinking about what car to get and just take the bus to work, she wouldn't drive me to the stop "because niggers will kill you" (several times, out loud, in the dealership).

      My dad's ... not so bad. But he still seems to expect me to be exactly what he sees in his head somewhere, and not tolerate deviance. I've had several jobs in retail (i.e. customer-facing) and in corporate environments, while he's spent his whole life either in the Air Force national guard or in one job in a data center working on a mainframe. Every environment I've been in is different, and when you spend a little time as a consultant you learn that the differences are even more vast than you'd ever know otherwise. He constantly tries to tell me how to behave AT WORK (for no real reason), and if I try to dispute anything he starts laying out "how the business world works." He doesn't understand corporate culture develops di

    63. Re:What is the real truth here? by Slashdot+Parent · · Score: 1

      Now let me tell you something about how the business world works. ;)

      But seriously, just keep an open mind. You'll be shocked to find out what a little distance can solve. Physical distance as well as emotional distance. In other words, you know what topics you can't discuss with your parents, and a conversation is a two-way street. You can always change the subject or excuse yourself or whatever it takes. But it's a little hard when you live with them...

      You turned out remarkably well for having such eccentric parents. Looks like you're going to have to be the adult here.

      Good luck!

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    64. Re:What is the real truth here? by bluefoxlucid · · Score: 1

      Eh I turned out pretty horribly, I've just been trying to fix it.

      But yeah thanks. Perspective is helpful in all cases.

    65. Re:What is the real truth here? by wattrlz · · Score: 1

      He needs to learn humility, or at least restraint. I don't see how his alleged remarkable deductive, inferential, and learning abilities prove about whether any of our hypothetical children will surpass our ability to guide them before we've managed to instill them with a basis in morality. Do you see? Did that self-serving diatribe serve any purpose? A humble man would be content to recognize his superiority and comfortable enough with himself to avoid wasting his and our time talking about it to no effect.

  2. Certainly sounds fair... by Raineer · · Score: 5, Insightful

    Good to know they researched heavily before firing him. At my company when re-deploying hardware like a laptop it is standard to wipe it completely and load a ghosted image. Who WOULDN'T do at least as much?

    1. Re:Certainly sounds fair... by dal20402 · · Score: 4, Informative

      Who WOULDN'T do at least as much?

      Government employees in Massachusetts, the state that is so corrupt and dysfunctional it gives government all over the rest of the U.S. a black eye.

      Seriously. I just escaped (to D.C., which, despite its warts is a million times better) from three years of living in that hellhole. I don't think I encountered a single effective or competently run state agency the whole time.

      I expect the employee who would have been responsible for wiping this laptop is probably a relative of some high official, and probably doesn't know how to do anything except reinstall Windows from a factory CD.

    2. Re:Certainly sounds fair... by camperdave · · Score: 1

      Maybe somebody without Ghost?

      --
      When our name is on the back of your car, we're behind you all the way!
    3. Re:Certainly sounds fair... by Secrity · · Score: 4, Interesting

      They did fire him -- they fired him and never asked any questions. The investigation was by the prosecutor, not his employer. I wonder if he will be hired back with back pay.

    4. Re:Certainly sounds fair... by Anonymous Coward · · Score: 1, Insightful

      At my company when re-deploying hardware like a laptop it is standard to wipe it completely and load a ghosted image. Who WOULDN'T do at least as much? The Massachusetts Department of Industrial Accidents
    5. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      And for every PHB story, we have a story about IT workers just as incompetent.

      Sorry, I guess that comment makes me flamebait. AC suit on!

    6. Re:Certainly sounds fair... by wtfispcloadletter · · Score: 5, Informative

      Then there's projects like Unattended that work great and can have a laptop or workstation back up and running in a default state, with all programs and updates applied in 60-90 minutes.

      There is no excuse for giving someone a used laptop or workstation that hasn't been cleaned. We don't concern ourselves much with our workstations since they never leave our network, but any laptops get a thorough cleansing before being re-issued to someone else.

    7. Re:Certainly sounds fair... by Raineer · · Score: 4, Informative

      Maybe somebody without Ghost? If you don't have something similar to Ghost, then you sure as hell don't fire someone with something illegal on the HDD. That is one certain way to open yourself (as a company) up to lawsuits. If you cannot prove what was on the laptop when you gave it to him, the firing surely is on shaky grounds.
    8. Re:Certainly sounds fair... by Kjella · · Score: 0, Flamebait

      Good to know they researched heavily before firing him. +5, WTF? The company didn't research worth a shit. They handed it over to the prosecution as evidence, and the defense attorney did all the research. If it had been just a "firable but not illegal" offense they probably would have just ghosted it and bye-bye any defense. Not that you really have any defense against being framed out of a job in an at-will state.
      --
      Live today, because you never know what tomorrow brings
    9. Re:Certainly sounds fair... by Raineer · · Score: 1, Flamebait

      Good to know they researched heavily before firing him. +5, WTF? The company didn't research worth a shit. They handed it over to the prosecution as evidence, and the defense attorney did all the research. If it had been just a "firable but not illegal" offense they probably would have just ghosted it and bye-bye any defense. Not that you really have any defense against being framed out of a job in an at-will state. I see sarcasm is new to you :)
    10. Re:Certainly sounds fair... by SuperQ · · Score: 2, Interesting

      Hell, at my work installations are self-service over PXE boot. When ever I have changed hardware with our support people I wipe and clean install the machine myself anyway just to be sure I have a clean linux image.

    11. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      I wonder if the employer will be investigated... Isn't this probable cause? A computer of company X contains child porn, can't they go in there and investigate the other machines owned by said company?

      Where's the party van when you need it...

    12. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      I work at TJX so it's not only the state agencies. We'll be getting rid of the old security vulnerable hardware in a couple of months. A few months later it's the same thing. When I worked Corp side I ran into many infected machines. Unfortunatley the PCI guys kept sending it down for cleaning but they failed to understand we could only do so much remothely. No one ever heard of safe mode with them and proper disposal of viruses. Hell, all they had to do was reimage the machine.

    13. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Are you kidding? A complete reload of an average secure corporate image on an average pc or laptop can (and does) take an hour or two. Most companies these days are so tight they won't spend the money on the labour involved to do this. Labour is, after all, the largest cost component in IT as a rule.

      Most managers assume that two different employees will be using much the same software, so why waste time and money starting with a fresh image? Of course most managers have about as much IT nouse as my dead grandmother....

    14. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Actually, I hear that their tax collection services are quite effective and efficient, if not fair.

    15. Re:Certainly sounds fair... by Gewalt · · Score: 1

      well, ya, Kennedy's the one who corrupted it.

      --
      Modding Trolls +1 inciteful since 1999
    16. Re:Certainly sounds fair... by kernelphr34k · · Score: 1

      At my work when someone gets fired or leaves we take their machine and whip the drive, and then reimage it. New user, 'new os'. Makes sense to me.

    17. Re:Certainly sounds fair... by dal20402 · · Score: 1

      Haha. Funny you mention that.

      Their income tax procedure is quite interesting. You can pay online, but you still have to send in a paper return, and you never get any kind of confirmation that the return and your payment were successfully linked. You either have to call them manually or just hope you don't get a letter accusing you of nonpayment.

      If you want to pay by check, you again have to send it separately from your return, and you again get no confirmation that your payment was successfully linked to your account.

      My first MA income tax return was just one of many moments during my three years there when I said to myself: "Only in Massachusetts."

    18. Re:Certainly sounds fair... by Kaihaku · · Score: 1

      Actually, I hear that the tax collection officials are extremely active.

    19. Re:Certainly sounds fair... by RingDev · · Score: 0, Offtopic

      At least in MA you are not getting taxed with out representation...

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    20. Re:Certainly sounds fair... by fm6 · · Score: 1

      Good to know they researched heavily before firing him. It's called Zero Tolerance.

      At my company when re-deploying hardware like a laptop it is standard to wipe it completely and load a ghosted image. That assumes that IT actually controls deployment of all laptops. I think that's pretty rare. More typically, re-deploying a used laptop means, "Bill quit, you want his laptop?"

      Who WOULDN'T do at least as much? Most places, I'm afraid.
    21. Re:Certainly sounds fair... by fm6 · · Score: 2, Informative

      Isn't anyone going mention poor Mary Jo Kopechne? I believe it's mandatory when trashing Ted Kennedy.

    22. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Seriously. I just escaped (to D.C., which, despite its warts is a million times better) from three years of living in that hellhole. I don't think I encountered a single effective or competently run state agency the whole time.

      Many thanks for leaving.
    23. Re:Certainly sounds fair... by real+gumby · · Score: 1

      As in, "Chap acquitted?"

    24. Re:Certainly sounds fair... by SanityInAnarchy · · Score: 2, Informative

      Never mind that Ghost is an absurdly simple program -- Linux (and any other Unix, for that matter) has had dd, for free, pretty much forever. More recently, there's ntfsclone, which will grab everything but unallocated space.

      --
      Don't thank God, thank a doctor!
    25. Re:Certainly sounds fair... by dal20402 · · Score: 4, Funny

      Anytime. It was so satisfying, I'd leave again if I weren't already gone. Maybe I'll fly up there just to leave again.

    26. Re:Certainly sounds fair... by dal20402 · · Score: 1

      Touche. I'm still hoping the situation will finally be fixed, at least as respects the House, with an expanded Democratic majority in Congress and a Democratic president. (In fairness, it would be very difficult to design a sensible plan to give DC representation in the Senate.)

      Although I was really talking about the MA state government. I do have a say in the District government, on those occasions when Congress doesn't randomly override it for some bullshit reason.

    27. Re:Certainly sounds fair... by treeves · · Score: 4, Funny

      Maybe they'll change their name to The Massachusetts Department of Industrial Accidents Waiting To Happen.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    28. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      >Isn't anyone going mention poor Mary Jo Kopechne?
      We should bow our heads for a moment in solemn contemplation and gratitude: After all, she gave her life to ensure that Ted Kennedy would never become President.

    29. Re:Certainly sounds fair... by lordofwhee · · Score: 0, Redundant

      They could have fired him for NOT downloading said kiddie pictures (or just because someone didn't like his tie), they're a private company, they can do whatever they want when it comes to firing employees.

    30. Re:Certainly sounds fair... by Stormcrow309 · · Score: 1

      Conversely, we strip the machine of useful information and then we rebuild it. My users do a bad job at not storing all of their important data on a drive.

      --

      In God we trust, all others require data.

    31. Re:Certainly sounds fair... by LackThereof · · Score: 5, Informative

      I wonder if he will be hired back with back pay. A different article I read about this said that he had no interest in ever working for or having any dealings with this company ever again.

      He will, however, be suing them.
      --
      Legalize recreational marijuana. Seriously.
    32. Re:Certainly sounds fair... by PJ1216 · · Score: 2, Insightful

      Not true. In many states yes, but not all. They're only allowed to fire people for any ol' reason if the state is an "at will employment." It means you or the employer can use any reason whatsoever to stop working. Technically, i think in any state someone can quit for any reason, but... i dunno... thats how the law was always explained to me. i could be mistaken.

    33. Re:Certainly sounds fair... by fm6 · · Score: 1

      No, as in "Nuclear power is safer than Ted Kennedy's car". Whenever you debate nuclear power, somebody says something like that, as if TK moral failings were at all relevant to the conversation. Since we've managed to drag TK into another totally unrelated discussion, we might as do it right!

    34. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Yes, even though Ghost Dad is one of Bill Cosby's finest works (sure, it's no Leonard Part 6, but hey), it's about a paranormal scientist, not a paranormal IT geek. I see where you're confused. He did whore out Texas Instruments TI 99/4A but it lost out to the Commodore Vic-20.

      http://www.geeksugar.com/629522

    35. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Seriously. I just escaped (to D.C., which, despite its warts is a million times better) from three years of living in that hellhole. I don't think I encountered a single effective or competently run state agency the whole time. Many thanks for leaving. Many thanks for staying.
    36. Re:Certainly sounds fair... by DavidTC · · Score: 1

      Well, you can't, under any circumstances, fire someone for not doing something illegal, so the GP is a bit silly.

      Incidentally, there's a reason I erase my caches and history and wipe all the free space on my computers every weekend...the government has apparently decided that possession of specific files on your computer are criminal, despite the fact that you are not in control of all documents on your computer. I'm not playing that absurd game.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    37. Re:Certainly sounds fair... by Altus · · Score: 1


      It was the Mass state government, not a private company.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    38. Re:Certainly sounds fair... by Anonymous Coward · · Score: 1, Interesting

      Even in "at will" state, you cannot fire based on things like age, religious, gender discrimination. Also, IF YOU GIVE A REASON, and they did ("You are being fired for a violation of the computer usage policy."), you damn well ought to prove it and make sure it is a good reason. In an "at will" state, if you don't have a good reason, then it is better to give ZERO explanation. I have done this and although I hope the employee knew why (theft!), it was advised by our attorney not to say. The evidence was not sufficient to involve the police but it was sufficient to remove the manager.

    39. Re:Certainly sounds fair... by Dragonslicer · · Score: 1

      They're only allowed to fire people for any ol' reason if the state is an "at will employment." Which Massachusetts is. It sucks that he got fired, and he definitely shouldn't have been fired, and there are probably many people now who won't want to work for that company, but he probably doesn't have any legal grounds for suing the company for wrongful termination.
    40. Re:Certainly sounds fair... by bluefoxlucid · · Score: 1

      I recommend DE, Baltimore sucks and DC is asinine too. I've been down near there recently...

    41. Re:Certainly sounds fair... by pentalive · · Score: 1

      David, If you live in an "at will" state you boss can fire you for no reason at all. They just sort of lose the "will" to keep you. No reason given, "thanks for all your work, buhbye" and your out the door.

    42. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0
      There is no excuse for giving someone a used laptop or workstation that hasn't been cleaned.

      *Snort!* We have 25 PCs which I support although that is not specific to my title. "Unattended"...? I started to ghost more but keep in mind that no more than 3 or 4 PCs are of the same model and I may only do a few full installs each year. Also, people come and go and come and go and swap work stations. Security is a concern, but I have no desire to achieve a level of certainty that file X on computer Y means employee Z gets fired. It has shit to do with our customer list or prices being leaked which I DO care about. However, that subterfuge would be damn near impossible to stop when everyone has unsupervised access to files (damn near everyone in the office).

    43. Re:Certainly sounds fair... by dal20402 · · Score: 1

      Haha. Interesting theory, but try again. I was in Massachusetts to go to law school (at the only law school in the state that would make it worth it to live there).

      I did work twice for government: the University of Washington in Seattle, and the King County Metro transit system in the same city. I experienced no more than the usual frustrations of working for government in either job; in fact, I loved my KC Metro job. (I left to go to law school.)

      My comments about Mass. are the sad truth. Besides being plagued by corruption, the state has horrible weather 10 months of the year, and is dingy and falling apart. I won't miss it one bit.

    44. Re:Certainly sounds fair... by Gyga · · Score: 1

      DC's land comes from Virginia and Maryland originally, have the residents of the land that was once Maryland's vote for Maryland's senators, and the Virginian Land vote for Virginian Senators. Representation.

      --
      I don't preview or spellcheck.
    45. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Oh, that's complete bullshit. Name the two months, I dare you.

      (Ever seen potholes that span a complete eight-lane highway? Visit Massachusetts. I won't even get into the MBTA and their concept of what a schedule is.)

    46. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Who WOULDN'T do at least as much? Government employees in Massachusetts The poor guy that was fired was a state employee. And the forensics person who seems to have done a stellar job was a state employee. And the prosecutor that was smart enough to bring in a seemingly qualified forensics person and was honest enough not to deep-six the results was a state employee.

      It seems the only state employee who did something other than a great job was the person who did the firing without adequate knowledge of the status of the PC. And they should have known something was up - heck, it was a Windows PC.

      And, there was no mention of the mayor doing crack.
    47. Re:Certainly sounds fair... by bluefoxlucid · · Score: 1

      Legal issue. If the laptop may contain illegal content you get it settled down and don't touch it, hand it off to the forensics team. You need a strong chain of custody with no one fucking around with it in between hand-offs, otherwise you could compromise it as evidence.

    48. Re:Certainly sounds fair... by dal20402 · · Score: 1, Informative

      I dislike Massachusetts government enough that I'm actually going to respond to your post in detail. I can't speak for the whole state government, only those parts of it (and municipal subdivisions) that I ran into during my time there. Every one was problematic.

      I've never applied for a job there, and would never do so for reasons that will shortly become obvious. To be blunt, the job I will start in DC in September is way better than *any* Massachusetts government job could be for a new lawyer.

      My first experience was with the Mass RMV. On their website, they state that you need a certain set of documents to convert an out-of-state license. I brought with me the printout of the linked page along with everything on it. After waiting two hours in line, I was informed by the employee that I needed an original birth certificate to prove my date of birth, despite the fact that my passport, which I had with me, had the date as required by the RMV. I showed her the list of documents, and checked off each item with a pen. No dice; she would not transfer my license. I asked to speak with the office manager and showed her the website printout. She accused me of making a fake printout and repeated what the employee had said.

      I gave up, went home, and came back later with a file box full of documents. This time, after another two-hour wait (and presenting more documents than the RMV claims to require), I got my license.

      My next experience was attempting to register to vote. It turned out that my apartment literally straddled the Cambridge and Somerville city lines. I first tried to register to vote with the Cambridge city clerk, as the street the apartment abutted was in Cambridge, as was my street address. I was denied because, according to the city of Cambridge, my apartment was in Somerville. So I went to the Somerville city clerk and was told my apartment was in Cambridge. Repeated letters to both cities failed to get me registered (actually, failed to elicit any response) and I was unable to vote in two elections that occurred before I moved one year later to an apartment that was unambiguously in Cambridge. Constitutional rights? Who gives a shit?

      Then I experienced the fun of dealing with the Massachusetts Turnpike Authority. Silly me; I thought it would be handy to have an EZPass. So I tried to get one. Registering online was a cinch. But then I never received my EZPass transponder in the mail. They did take my money, and once again repeated contacts to various MTA officials resulted mostly in befuddlement. I eventually ate the $30 or so because it was just not worth my time to pursue the matter. I never saw an EZPass transponder before I moved out of the state. If you read the newspaper, none of this is a surprise. MTA officials are rarely in the news for turnpike-related decisions, but there has been a consistent stream of stories about their perks and inflated salaries.

      And, of course, there's the Massachusetts Bay Transit Authority. Constant track fires, track infrastructure that is not as good as that in many Third World countries, speeds literally half those in either the New York or Washington subway systems, equipment that ages before its time due to neglect, a brand-new headhouse (Charles/MGH) with platforms so misaligned that wheelchair users can't get on the trains, an epic light-rail vehicle procurement fiasco (Google "type 8 chronology of events"), and buses that should be impounded and taken off the road for defects (5 bus fires in my 3 years there).

      I've already mentioned the entertaining Department of Revenue tax procedure above, although, in fairness, they don't ever seem to have messed anything up for me, only designed a laughable procedure.

      My last episode was with the RMV again; this time, they mistyped the VIN on my car registration. I should have known better than to try to fix it. No dice, and an indignant RMV official telling me that my lease contract (which matched my car) was w

    49. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Who WOULDN'T do at least as much?

      Short answer...the lazy and the dumb.

      Dude, I work as a software architect for a Fortune 100 with tons of skilled and less than skilled IT workers. It's our policy to wipe them when they come back, too, but I can't tell you how many I've gotten over the last 10 years that haven't been wiped and some that still have personal data and confidential files on them. I generally wipe them and then claim they won't boot and then the service desk will reload it. That said, I guarantee you our unskilled IT users and our non-technical users just use what they get. Standards don't combat laziness or stupidity.

    50. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      HAHAHAHA yeah right. They can refuse to higher him back just because it looks bad for their company image... happens all the time.

    51. Re:Certainly sounds fair... by linzeal · · Score: 2, Interesting

      It is not just the government there it is the people. I visited Boston for a few weeks years ago and my friends seemed to go out of their way to tell me how much of the stuff in their house "fell off a truck" and which restaurants, clubs and bars they could go eat and drink for free in. It seems some individuals and groups of people out there take freeloading to a whole new level.

    52. Re:Certainly sounds fair... by Colonel+Korn · · Score: 1

      Haha. Interesting theory, but try again. I was in Massachusetts to go to law school (at the only law school in the state that would make it worth it to live there).

      Sorry you didn't get into Yale.
      --
      "I zero-index my hamsters" - Willtor (147206)
    53. Re:Certainly sounds fair... by dal20402 · · Score: 1

      All the land remaining in DC came from Maryland. The Virginia land was returned to Virginia in 1846.

      It would be amusing to watch Maryland voters, especially Republican ones, react to your proposal. People going blue in the face and sputtering is often funny.

      But it might actually work OK (in an alternate universe where you could get it enacted), since the District's population is not large enough to overwhelm the existing Maryland electorate.

    54. Re:Certainly sounds fair... by SomeGuyFromCA · · Score: 1

      > Well, you can't, under any circumstances, fire someone for not doing something illegal, so the GP is a bit silly.

      Dave, I need you to break the law on the company's behalf. No?

      (Two weeks later)

      Dave, since this is an "at will" state, I can fire you for any reason or none at all. Bye.

      --
      if the answer isn't violence, neither is your silence / freedom of expression doesn't make it alright
    55. Re:Certainly sounds fair... by zippthorne · · Score: 1

      If her own father won't, except to say she'd have voted for Kennedy, if only she were still alive...

      Man, that state is weird.

      --
      Can you be Even More Awesome?!
    56. Re:Certainly sounds fair... by Thing+1 · · Score: 2, Informative

      A different article I read about this said that he had no interest in ever working for or having any dealings with this company ever again.

      In fact, his attorney referred to his former employers as "buffoons".

      From the article:

      But he is unlikely to take his old job back, even if the DIA were to offer it, [attorney Timothy] Bradl said. "I would think that theoretically he'd be entitled to his job back with back-pay, however he would never want to go back to work with such buffoons," he said.

      --
      I feel fantastic, and I'm still alive.
    57. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      That's not even slightly accurate.

      The computer forensics technician had to be hired on his own time, and owns a private company in Arizona. His lawyer has to be paid on his own dime.

      The prosecution only dropped the case when it became clear that they would lose - which was months after they pressed charges.

      In short, nobody who worked for Massachusetts (the victim excepted, as he no longer works for Massachusetts) did anything even remotely competent. They were ready to press on, full steam ahead, regardless of the actual facts. Once the facts came out, they still were ready to press on. It wasn't until they failed to generate any evidence on their own that they decided to quietly drop the charges and refuse to give him his job back or pay any damages.

      The really sad thing is that no Massachusetts press even covered the dropping of charges. Press in New Zealand? Sure. Press in Massachusetts? No fucking way.

      So not only did the Massachusetts government ruin his life, the Massachusetts press refuses to clear his name. What a state.

    58. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Yes, your experience with a handful of ignoble friends extrapolates perfectly to all 6.5 million people in the state.

    59. Re:Certainly sounds fair... by real+gumby · · Score: 1

      OK then: "TK's car is safer than accidentally opening goatse."

    60. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Dude, there's a Wikipedia article on it!

      Face it, people from Massachusetts are assholes. Ask anyone who's ever had to deal with anyone from Massachusetts.

      We've got the Patriots caught cheating and now the Celtics are caught having games fixed by NBA refs. Might have something to do with the state the teams are from.

    61. Re:Certainly sounds fair... by mpe · · Score: 1

      Good to know they researched heavily before firing him. At my company when re-deploying hardware like a laptop it is standard to wipe it completely and load a ghosted image. Who WOULDN'T do at least as much?

      The aptly named "Massachusetts Department of Industrial Accidents" by the sound of things. I suspect the problem in many places is that the whole idea of supplying company laptops has never been fully though through. Is doing a reimage actually company policy or is it more a case of IT people doing the "right thing"? In the latter case do laptops always pass through the IT department to be reassigned?

    62. Re:Certainly sounds fair... by mpe · · Score: 1

      Unfortunatley the PCI guys kept sending it down for cleaning but they failed to understand we could only do so much remothely. No one ever heard of safe mode with them and proper disposal of viruses. Hell, all they had to do was reimage the machine.

      Assuming they could create a clean image in the first place.

    63. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      My next experience was attempting to register to vote. It turned out that my apartment literally straddled the Cambridge and Somerville city lines. To be fair, that's hardly normal.

      When I tried to register to vote through the RMV (it was a checkbox on the license form, I'd just turned 18, what the hell), they managed to get far enough to confirm my registration but not far enough to actually, you know, register me to vote. I discovered this when I showed up at my polling place and was told to fuck off before they got the police involved.

      And, of course, there's the Massachusetts Bay Transit Authority. Constant track fires, track infrastructure that is not as good as that in many Third World countries, speeds literally half those in either the New York or Washington subway systems, equipment that ages before its time due to neglect, a brand-new headhouse (Charles/MGH) with platforms so misaligned that wheelchair users can't get on the trains, an epic light-rail vehicle procurement fiasco (Google "type 8 chronology of events"), and buses that should be impounded and taken off the road for defects (5 bus fires in my 3 years there). Funny you should say that. In the past month, the MBTA has managed to derail a subway, killing the train operator, and crash a subway into a tanker truck, unleashing hazardous materials that caused a major Boston street (Comm Ave) to be closed for a few days. (In Massachusetts, highways are in tunnels and subways run above ground.)

      Then there are the new Blue Line trains, which seat fewer people than the old ones and have seats that people are continuously falling out of. All paid for by raising tolls in the western part of the state, of course. (For those not familiar with Massachusetts politics, Boston and the rest of the eastern side of the state get almost all the money. See, the western side can easily be outvoted by the eastern side, so they get to foot the bill via increased tolls and property taxes. Ain't democracy grand?)

      Oh, and then there are the new CharlieTickets. (You know, paper farecards, like DC has had for at least the last 20 years and probably longer?) Instead of moving to them all at once, they started converting stations one at a time. There's nothing like being forced to pony up another fare because your destination station doesn't accept your ticket but instead requires tokens, or vice versa.

      But that's OK, when they finally finished the rollout they doubled the price. With the latest fare hikes in DC, the MBTA still costs more.

      I've already mentioned the entertaining Department of Revenue tax procedure above, although, in fairness, they don't ever seem to have messed anything up for me, only designed a laughable procedure. I've never had to do that - mostly because I've never bothered filing online. Certified mail with a return receipt is the only way to go with the morons in the Commonwealth.

      There is one upside to Massachusetts, though: it's right next to New Hampshire, a state that (gasp) cares about the freedoms of its people.
    64. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      >There is no excuse for giving someone a used laptop
      >or workstation that hasn't been cleaned.

      I fully agree, the IT-services dept on MIA sounds lazy but the head of it-services should know to protect 1) the company 2) the users 3) hers or his own ass.

      In this case they failed on all three. There is no excuse for not servicing (cleaning, imageing) a machine before handing it to the next user.

      In another situation a former user could have intentionally placed spyware on the laptop.

    65. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      You have won the internet.

    66. Re:Certainly sounds fair... by mgblst · · Score: 1

      It would be great if you could do something about this. Why don't you write a article for the newspaper? Nothing is going to change if we all just sit idly by, while this sort of shit goes on.

    67. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      What does "higher him" mean in this context? "Give him a rise?"

    68. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      My old company...

      Got a new PC. Some services refused to work - "dublicate computer name". Found the IP of my old PC, and there it was, sitting under some desk in a warehouse, where the warehouse people would check their e-mail or whatever, with Visual Studio still installed (Microsoft Select - one serial, but pay according to how many installed copies), the source to all the programs I'd been working on still there, documents, and even...

      My personal virus collection sitting right there in C:\VIRUS.

      Nope, didn't ghost it, didn't change the name, and didn't even install the corporate antivirus.

      Which didn't install automatically because only the workstation version of the antivirus was auto-install, and as a developer I needed to be familiar with the environment the software would be running in, and thus were running W2k Server. Again MS Select license, pay shitloads of money for having a machine running W2k Server in a warehouse for checking e-mail.

    69. Re:Certainly sounds fair... by jabuzz · · Score: 1

      Which is the point of Unattended or the Microsoft RIS/WDS. These are installs of Windows over the network. It is the same as someone sitting there feeding CD's and other stuff into the computer. The difference is that you have scripted it all up so that all you do is maybe partition the disk (depends on your preference) and off you go.

      Because it is an install it matters not that your hardware is all different, provided you have added appropriate drivers to the install image.

    70. Re:Certainly sounds fair... by Hyppy · · Score: 1

      Many reasons for firing, even in an "at will" state, are illegal. You cannot fire someone for being black, as retribution for reporting illegal activity, or for not spending "quality time" under the CEO's desk, among other things

      If there is reasonable evidence to suspect that the employee is being fired for something along these lines, the employer better have some good documentation showing that it's not firing employees illegally. Otherwise the employer will have some hefty lawsuits to contend with. It's all about the preponderance of evidence in civil suits.

    71. Re:Certainly sounds fair... by himself · · Score: 1

      dal20402 wrote of Massachusetts, "It was so satisfying, I'd leave again if I weren't already gone. Maybe I'll fly up there just to leave again."

              Me, too! I'm going to USENIX in Boston next week. I'm going to drive home to Rhode Island each night just so I can leave over and over again.

      - Will

    72. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      He will, however, be suing them. I hope he gets millions. I wish he could also sue those involved on a personal level and bankrupt their asses. Shit like this needs to stop and the only way to do it is to start hurting those who are responsible; in this case, the director, his immediate supervisor, the IT dept head and the prosecutor.
    73. Re:Certainly sounds fair... by DavidTC · · Score: 1

      Dave, I need you to break the law on the company's behalf. No?

      (Two weeks later)

      (Dave is murdered and his body hidden so he's never found.)

      Ergo, murder is legal!

      Um, no. The fact it can be hard to prove that a crime occurred does not, in fact, make such activity legal.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    74. Re:Certainly sounds fair... by Frank+T.+Lofaro+Jr. · · Score: 1

      Except he was working a gov't job. At will doesn't apply, civil service laws do.

      --
      Just because it CAN be done, doesn't mean it should!
    75. Re:Certainly sounds fair... by fm6 · · Score: 1

      Why is that weird? Can't a girl vote for her boyfriend?

    76. Re:Certainly sounds fair... by fm6 · · Score: 1

      Opening goatse.cx is usually unintentional, but it's almost never accidental!

    77. Re:Certainly sounds fair... by Anonymous Coward · · Score: 0

      Good to know they researched heavily before firing him. At my company when re-deploying hardware like a laptop it is standard to wipe it completely and load a Goatse image. Who WOULDN'T do at least as much? Fixed that for you.

    78. Re:Certainly sounds fair... by Dragonslicer · · Score: 1

      Good catch. That's what I get for reading the posts above mine that talk about him working for a private company and not paying attention to the summary/article.

    79. Re:Certainly sounds fair... by Darkk · · Score: 1

      I agree 100% which should be a standard practice as I too was doing the same thing whenever the PC or Laptop is being re-issued to a new user. Re-imaging the PC or Laptop is a sure way that NOTHING is left behind for the new user to find or being used against including confidential files left in My Documents or stray files in the C:\ drive (even though they have been told not to save anything to the C:\ drive other than My Documents) by the previous user. This also ensures the security and update tools work the way it should for the new users. So from reading the article it's the admin fault for not checking the SMS settings and anti-virus software to ensure they are working properly. Even after I ghosted the PCs I always make sure they work before issuing it to the new user. I don't think it's stupidity, I think it's laziness by the Admin's part for not doing his or her job.

    80. Re:Certainly sounds fair... by zippthorne · · Score: 1

      In MA? I'm sure she has..Many times..since her death.

      --
      Can you be Even More Awesome?!
    81. Re:Certainly sounds fair... by The+FNP · · Score: 1

      OK then: "TK's car is safer than your PC accidentally opening goatse."

      There fixed that for you.

      --The FNP

    82. Re:Certainly sounds fair... by fm6 · · Score: 1

      Can't be as bad as Chicago. I've often heard people say that they wanted to be buried there so they can continue to participate in civic affairs!

    83. Re:Certainly sounds fair... by kesuki · · Score: 1

      "There is no excuse for giving someone a used laptop or workstation that hasn't been cleaned."

      2006 called, the polymorphic rootkit, with BIOS memory infection, and automagical reinstallation, that can't be detected by 100% of specialized malware/rootkit removal software, unless it hasn't been triggered on a system yet.

      It's a lot harder to wipe every bios in a computer system, all at the same time, without loading windows... have you ever tried to reload a DVD or CDrom bios? it's always a windows tool ugh, HDD makers don't even disclose how to replace the firmware on a HDD, because they're corporate secrets' corporate secrets available to mafia hackers, for the right price, you didn't think that $30 hdd came from modernization of production of HDDs did you, it still costs an awful lot to make a HDD, if it wasn't for kickbacks from organized crime...

      if you get a polymorphic self reinstalling virus, there are 2 options. 1. switch to linux. 2. throw it away. I've been spending the past year since they let me out of the mental hospitals trying to find a way to 'clean' a polymorphic bios infecting windows rootkit that was released in 2006. if it supports your bios, you're hosed, it just keeps coming back.

      FWIW i do have the verified bios of an infected system, my dad's PC bios tools allowed the corrupted bios to be saved to a floppy, prior to my reflashing it, checksums verified it was not the version it reported on boot ups, and i submitted it to several AV research places... it's scary to claim a format and reinstall will purge all malicious code, when circa 2006 it no longer is a guarantee.

    84. Re:Certainly sounds fair... by SomeGuyFromCA · · Score: 1

      I believe I misunderstood your post.

      You posted: "Well, you can't, under any circumstances, fire someone for not doing something illegal"

      I took your "can't" to mean in terms of "it is impossible to", and my post was intended to show that it is quite possible to fire someone for that reason while stating another.

      You apparently meant it in terms of "it is not legal to." Which you're right, it's not legal to fire someone for refusing to break the law... but that doesn't matter if it's legal to fire someone for no reason at all.

      --
      if the answer isn't violence, neither is your silence / freedom of expression doesn't make it alright
  3. yet another by Brian+Gordon · · Score: 5, Insightful

    case where you can't help but think "this can't be right".. making certain types of information illegal to possess just doesn't make practical sense in the context of the Internet, no matter how morally objectionable we find it.

    1. Re:yet another by Ethan+Allison · · Score: 3, Interesting

      I'm not disagreeing with you here, but how can you stop people from exploiting kids if you make possession legal? Make obtaining it illegal? That seems like a huge loophole waiting to happen...

    2. Re:yet another by Mr+EdgEy · · Score: 3, Insightful

      Production (!), and distribution.

    3. Re:yet another by Kjella · · Score: 3, Insightful

      Let's say you own a large rural property, and someone sets up a drug lab deep in the forest. Just because in some cases people might be unaware of what's happening on their property, it doesn't make sense to make drug labs illegal? Because in some cases people might be unaware of what's happening on their computer, it doesn't make sense to make information illegal to posess? I'm sorry but that'd be a pretty strange world. If things are uncertain, it's the prosecution's job to stick it to them "beyond a reasonable doubt". The defense tries to tear that evidence apart, like they just did. I don't see the problem with that system.

      --
      Live today, because you never know what tomorrow brings
    4. Re:yet another by tmosley · · Score: 2, Insightful

      No, make production illegal (which it is), and possibly make it illegal to purchase it.

      I mean, you wouldn't punish someone for having videos of people being murdered, would you? You would only punish those who did the killing, and perhaps those who purchased it, providing that the purchaser knew that they were encouraging such behavior, which is a stretch, I know. That's why I'm not sure if purchasing kiddie porn should be illegal.

    5. Re:yet another by Vancorps · · Score: 3, Interesting

      You rely on child exploitation laws which are already in place perhaps? If a child is harmed there are plenty of laws in the way to make sure there is a measure of justice.

      This pretty much equates to outlawing the symptoms of a problem such as the tremors of an alcoholic in need of smooth refreshing goodness.

      In that context the video is simply evidence against the person who actually harmed a child. That sounds like appropriate punishment to me.

      I don't think that will happen though and I actually agree with the current law, at some point I think certain kinds of content serve no use to society, such as malware and kiddie porn but I can understand that information should always be legal. I think in this context we could argue that it is not information and is simply objectionable content.

      When something is no good for anyone I think it's safe to say that it should be illegal. If someone comes along that can prove it does some good then the issue needs to be readdressed and evaluated for legitimacy.

    6. Re:yet another by Opportunist · · Score: 1

      How about making creating it illegal? Like, when the child exploitation actually happens?

      Oh wait, that is illegal already...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:yet another by Anonymous Coward · · Score: 5, Insightful

      Possession crimes in general are bad ideas. You can make anyone a criminal with only minimal effort.

      "Officer, I'd like to make an anonymous tip. So-and-so Smith is carrying marijuana in a plastic baggie taped to the inside of his bumper, license plate 555-555. He parks at workplace. I overheard him talking about selling it."

      Bam. Reasonable cause, possession, and intent to distribute despite the fact that Mr. Smith has led a blameless life. Because of someone's grudge and quick work with masking tape, he's now a felon.

      Possession crimes are super-easy to prove in court and are therefore a favorite of prosecutors.

      "Here's a photo of the illicit material in his possession. What do you think, jury? If he had the material in his possession, he's guilty of the crime."

      Of course there are absolutely no corrupt officials or police officers who would ever plant such evidence. If you believe that, I've got a bridge to sell you.

      Bonus: Captcha == "Bunkmate" which is what this guy narrowly avoided being plowed by.

    8. Re:yet another by nbert · · Score: 3, Interesting

      Can't offer any smart solution to the problem. However, I remember that back in ~2000 cnet had an article about the issue which argued that the lower barrier in obtaining such material should result in lower penalties, because it has become far more likely to obtain such material accidentally. It's just way too easy to stumble across questionable material on the net and sometimes people don't even know that it is on their hdd. Very different times compared to the situation when applicable laws were created.

      Wouldn't remember it was cnet if it wasn't so much out of their usual scope. However, I think the author had a very valid point. And if someone knows how to get this article I'd highly appreciate it - couldn't find it in recent years...

    9. Re:yet another by blitziod · · Score: 2, Insightful

      possesion of child porn is teh only possesion crime in the USA that does not carry defenses for people who do so unknowingly or by accident. The easiest thing to do is change this law.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    10. Re:yet another by Jafafa+Hots · · Score: 4, Insightful

      And also, how can we possibly stop people from murdering each other unless we arrest people who have crime scene photos?

      --
      This space available.
    11. Re:yet another by turbidostato · · Score: 4, Insightful

      " Because in some cases people might be unaware of what's happening on their computer, it doesn't make sense to make information illegal to posess?"

      You told it: it doesn't make sense to make information illegal to posess. I thought that to be self-evident in "the land of the free".

    12. Re:yet another by bane2571 · · Score: 1

      The only problem is the stigma attached to this kind of lawsuit. Forget that he was cleared (everyone else will)This guy now has "arrested for kiddie porn" somewhere on his record. Imagine how hard life will now be for him. No working in any industry that deals with children for a start.

    13. Re:yet another by Anonymous Coward · · Score: 0

      Not endorsing making it legal since this subject disgusts me to an extent I cannot describe...

      But the crime occurs during manufacturing it (i.e this is the argument why lolicon is legal, because no one is hurt).

      Anyway, illegalizing possession has not done anything from the black market in occurring. (This is seen again and again - with alcohol, drugs, etcetera - throughout history).

      So whether simple possession is illegal or not, it doesn't seem to stop the exploit of children one way or another. So I reject your logic.

    14. Re:yet another by anagama · · Score: 5, Insightful

      Make _intentionally_ having it a crime. Yes, this does create a harder burden for prosecution, but why should someone be prosecuted for something that 1) they didn't actually do, 2) didn't even know was going on, and 3) didn't even know they had. If we prosecute such people, we might as well just admit we're no longer "home of the free" but are rather just another pathetic abusive government.

      --
      What changed under Obama? Nothing Good
    15. Re:yet another by Lally+Singh · · Score: 1

      How about the actual act of exploitation? The making of the video.

      --
      Care about electronic freedom? Consider donating to the EFF!
    16. Re:yet another by ScrewMaster · · Score: 5, Insightful

      This pretty much equates to outlawing the symptoms of a problem such as the tremors of an alcoholic in need of smooth refreshing goodness.

      I once heard that described as "trying to cure diarrhea by tinkering with the plumbing in your house."

      When something is no good for anyone I think it's safe to say that it should be illegal. If someone comes along that can prove it does some good then the issue needs to be readdressed and evaluated for legitimacy.

      That, ultimately, isn't the issue. The problem here is that the mere accusation of child pornography is punitive to such a degree that, even if you're not ultimately convicted, you'll suffer severe consequences. That's not what the Founders had in mind for our legal system (as corrupted as their vision has become.) Somebody who gets nailed for drug possession or dealing (which, given how much the government spends to stop it must be a crime worse than murder) doesn't go through what a person merely accused of possessing child pornography does. It's one thing to punish those who break the law, those who hurt other people ... but we're at the point where law enforcement is doing as much if not more damage. Time to restore a little balance, time to make sure that we're actually putting the right people away. Most of us complain vociferously about the RIAA's anti-piracy campaign because whether you did the crime or not, whether you go to court or settle, you've been punished by the legal system. A person who has been accused of a crime shouldn't have their life destroyed over the accusation. But that is exactly what's happening here.

      Better to let a guilty man go free than imprison an innocent one. There are those who disagree with that, who believe that a few thousand wrongly imprisoned souls are a small price to pay "for the children" but they're wrong. If child pornography is truly as big a problem as everyone says (I'm not saying that it isn't, I just haven't looked up any numbers on it) then give law enforcement the funds they need to go after the real criminals, the ones who exploit the innocent is such a horrible way. To do otherwise is no justice at all.

      --
      The higher the technology, the sharper that two-edged sword.
    17. Re:yet another by Brian+Gordon · · Score: 1

      The captchas are often amazingly apropos.

    18. Re:yet another by Brian+Gordon · · Score: 1

      Uh what? You prosecute whoever set up the drug lab. If that's the owner of the land, fine. If the owner of the land didn't know, how does it make any sense to prosecute? Of course, it's a bit more complicated than "knowing"- people browse past JB all the time, not clicking it but seeing thumbnails.. is that possession? We need clearer laws on this to catch the pedophiles and keep everyone else out of jail.

    19. Re:yet another by Anonymous Coward · · Score: 0

      Go after the people who make it.

    20. Re:yet another by DavidTC · · Score: 1

      Child porn isn't the problem at all. Child abuse it. The amount of child abuse encouraged by a hypothetical child porn market demand is probably under a single percent...people do not generally sexually abuse children for money. (In much the same way that people don't tend to sexually assault other adults for money.)

      Frankly, I suspect more good than harm would result from child porn becoming completely legal. Simply because it would be easier to find, and hence it would be easier for authorities to locate the children.

      Of course, I've often wondered why the authorities don't enlist our help in that, and if this supposed phenominom that requires absurdly dangerous activity for no apparent gain actually exist at all or if it's something like 200 pictures of actual children that have been traded back and forth since the beginning of time, along with various mistakes where people lied about their ages and got photographed nude when 17.

      I mean, taking pictures of criminal activities, especially ones that no one else even knows exists, has to be the stupidest thing ever. Even if it's not traceable to the criminal, it's traceable to the child!

      If it does exist, surely the easiest way to stop this would be to give us pictures (Obviously cropped to just the head) of children in this supposed 'child porn' and ask if we know those children. (Or not even the general public...how about just grade school teachers?)

      No, I'm actually about an inch away from declaring the whole damn thing a conspiracy of fear-mongers combined with 'child porn' charges that are actually 16 and 17 year old models that simply got photographed in Russia or Sweden and some poor sap had on his computer. Does anyone know of any child porn cases where they actually happen to mention the ages of the children?

      --
      If corporations are people, aren't stockholders guilty of slavery?
    21. Re:yet another by Kjella · · Score: 1

      So you really don't mind if I take everything classified "Top Secret" and hand it over to Osama, Iran and China, whichever you fear the most? You don't think you have any right to privacy, sure the hacker that took over your machine did something illegal but that your whole life is now posted over the Internet is not? The world isn't so simple as "Sticks and stones may break my bones, but words can never hurt me". Information kills. Information destroys lives. I know what the first amendment said, but find some quote not horribly taken out of context which backs up that it really should be taken to such extremes. I'm sure you can find a few to agree with you here on slashdot, but I really don't think they were that far off the edge.

      --
      Live today, because you never know what tomorrow brings
    22. Re:yet another by Anonymous Coward · · Score: 0

      No, you've got it all wrong. If you're law enforcement and this is a drug case, you go after folks with seizable assets, and who cares about who set up the lab? They're probably long gone, but the landowner doesn't have recourse if it's a drug siezure. You take his property and keep the proceeds when it's sold at auction, so you can afford to keep on fighting the drug war.

    23. Re:yet another by tompaulco · · Score: 1

      Of course the drug lab should be illegal but if it were compared to child porn, then the property owner would have been thrown in jail, while the guy hosting the drug lab without permission on the property would just move on to another property with a non-observant owner. In the computer industry, it is all too easy to find people who are not experts at securing their machines against people who are experts at breaking in to machines.

      --
      If you are not allowed to question your government then the government has answered your question.
    24. Re:yet another by Maxo-Texas · · Score: 1

      The problem with reasonable doubt is judges who are techno idiots and believe thing like "An I.P. address is as good as a fingerprint in identifying the computer user."

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    25. Re:yet another by sporkme · · Score: 1

      The criminal law for most (all?) states includes language like "A person who knowingly possesses images...." Knowing you've got it is the key. This should be "intentionally." If a person at a party uses my computer to look at kiddie porn, and I catch him, am I not knowingly possessing said porn? IANAL, but my chances are better and risks fewer in just kicking his ass and trashing the HDD.

    26. Re:yet another by mxs · · Score: 1

      It's par du course in modern governments. It appeases the soccermoms and those scared-of-the-evil-internet folk. It won't be reversed since your political opponent can then run a smear campaign against you claiming you are protecting childfuckers. It's obscene, has been for a while, and will only get worse.

    27. Re:yet another by Jonti · · Score: 1

      "Let's say you own a large rural property, and someone sets up a drug lab deep in the forest. Just because in some cases people might be unaware of what's happening on their property, it doesn't make sense to make drug labs illegal?"

      It's your analogy that makes no sense. The drug labs would be illegal, but if the landowner was not involved in any way, how has he or she been criminal?

      By your "reasoning" the Gov't should be prosecuted for all of those marijuana plants folks plant in wilderness areas.

    28. Re:yet another by Amisinthe · · Score: 1

      I don't know, how can you make murder illegal if it's legal to view a picture of a dead body, or a movie that portrays people being killed?

    29. Re:yet another by Slashdot+Parent · · Score: 1

      Make _intentionally_ having it a crime. I'm having a hard time envisioning how we can know a person's intentions and prove them beyond reasonable doubt.

      How cool would it be if we could know people's intentions? It would certainly do away with all this security theater at the airports.

      I suppose it would be a bit scary, too.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    30. Re:yet another by Frank+T.+Lofaro+Jr. · · Score: 1

      1. One can't knowingly possess without acquiring. That is physically impossible. So one will still be breaking a law. It would just help stop innocent people from getting framed.
      2. Possession would give probable cause for an acquisition charge and one could investigate.
      3. If you have reason to believe someone is illegally acquiring illegal material (drugs, guns, porn, bombs, free software, Democratic campaign literature, or whatever is or will be illegal) - you can do a sting operation. No, that isn't entrapment, that is Policing 101.
      4. You can feel better about locking up people who are convicted, since now you have a decent assurance that they are likely to be actually guilty.

      --
      Just because it CAN be done, doesn't mean it should!
    31. Re:yet another by Anonymous Coward · · Score: 0

      Could not agree with you more. My wife's uncle is currently out on bond and has to go to court to prove that he's not a meth drug lord. What really happened is he had a friend drive him somewhere since he didn't have a car. It turns out that in that drive the idiot friend took off on a high speed car chase down the interstate, ended up in a field and ran off after he got out of the car. The cops sicked dogs on him. The uncle was just sitting in the front passanger side seat of the car the other guy owned... wrong place at the wrong time I guess. It turns out that there was all sorts of meth making junk in the back seat behind the uncle when he was in the car that he didn't know was there... Even though the uncle got out of the car after it finally crashed and didn't run or anything they are still trying to go after him for fleeing police since he didn't try to jump out of a quickly moving vehicle that was rolling down the highway at around 90 miles an hour... geesh! I think they finally dropped the meth making charges since it wasn't his car, but that was one of the original charges. Guess the old saying, "guilty by association" really does have some meaning to it. Moral of the story - don't have idiots for friends.

    32. Re:yet another by turbidostato · · Score: 1

      "So you really don't mind if I take everything classified "Top Secret" and hand it over to Osama, Iran and China, whichever you fear the most?"

      Did I say that? No, I didn't. Not at all sir.

      I did tell (you can look at it if you want to) that "it doesn't make sense to make information illegal to posess."

      What you imply is a much different thing: in order for you to be able to take Top Secret information and "and it over to Osama, Iran and China, whichever you fear the most", you have to:
      a) Posses such information (which in itself it's ridiculous to be illegal since then, every agent with a Top Secret clearance that happens to posses such information should have to be a delincuent... like USA president, Mr George W. Bush).
      b) Decide to take such information and hand it over the Top Secret barrier which is, in itself, illegal and I never said it shouldn't be illegal to take Top Secret documents and break its Top Secret status, did I?
      c) Once that information's Top Secret status is broken, you should pass it to a declared USA enemy which, again, it's in itself illegal and I never said it shouldn't be illegal to pass information to declared USA enemies, did I?

      "You don't think you have any right to privacy, sure the hacker that took over your machine did something illegal but that your whole life is now posted over the Internet is not?"

      In order for such a thing to happen, quite more than one event must happen:
      a) In order to post that information to the Internet, such a hacker must posses such information (which in itself it's ridiculous to be illegal since then, I should have to be a delincuent since I posses such information too).
      b) Since he still doesn't posses that information, the hacker must previously hack my PC to get at it, which is in itself illegal, and I never said it shouldn't be illegal to hack third partie's PC in order to gain accesss to private information, did I?
      c) Once the hacker (illegally) take a hand onto my private information he must make it public into the Internet which, again, is illegal by itself, and I never said it shouldn't be illegal to make public information you don't have legal right to, did I?

      "The world isn't so simple as "Sticks and stones may break my bones, but words can never hurt me"."

      It isn't. That's why Justice always tended to make heavy difference between free speech and libel. Words *do* hurt. Cutting down freedom and free speech does hurt *even more*, though.

      It's have been told so many times lately (post 11-S) that it starts to feel empty words, but it's still truest (emphasis mine) that "The man who trades freedom for security does not deserve *nor will he ever receive* either."

      You are trying to trade freedom for security, please understand Franklin's words and know that, if anything, you *won't* gain more security but, still, your freedom and that of others that doesn't think like you will be lost -and lost for nothing.

  4. This Is What Lawyers Are For... by reallocate · · Score: 2, Informative

    This guy should get one. And, meanwhile, insure no one touchs that laptop.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:This Is What Lawyers Are For... by Anonymous Coward · · Score: 0

      Where do you buy insurance that pays out when someone touches a laptop? :)

    2. Re:This Is What Lawyers Are For... by Anonymous Coward · · Score: 0

      No, lawyers are for throwing to the ground and kicking to death. Slowly. That's pretty much all they're good for.

    3. Re:This Is What Lawyers Are For... by Anonymous Coward · · Score: 0

      And, meanwhile, insure no one touchs that laptop.

      At least not without first thoroughly cleaning the keyboard!

  5. Re:I submitted to the Firehose at 6PM! on the 18th by Brian+Gordon · · Score: 2, Funny

    Why don't you try writing your submissions intelligently and professionally?

  6. Alas by rustalot42684 · · Score: 5, Insightful

    If people hadn't jumped to conclusions and had done a more thorough investigation, this man would not have lost his job and reputation.

    1. Re:Alas by PhoenixAtlantios · · Score: 4, Interesting

      What safe actions could they have realistically taken in that situation to investigate it? If you mess around with investigating that yourself and don't immediately hand the situation over to the police don't you risk incriminating yourself by 'protecting' the person from the police?

      I'm honestly curious to know; how could they have possibly investigated this more?

    2. Re:Alas by tftp · · Score: 3, Interesting

      Isn't it possible any more to report an incident without providing the police with a guilty person at the same time? Tell them what happened, and they will investigate, that's what their job is about.

    3. Re:Alas by Mista2 · · Score: 1

      Playing devils advocate: I think this action is completely justifiable. After all, if he had a company car and failed to keep it registered, insured, and in a safe condition, then killed some kid on a level crossing, he would be considered negligent and charged. If the laptop was in his control, is he not responsible for operating it in a safe manner? 8)

    4. Re:Alas by Anonymous Coward · · Score: 0

      In this case then the IT people are the mechanics, and this was their screwup.

    5. Re:Alas by E+IS+mC(Square) · · Score: 1

      I'm honestly curious to know; how could they have possibly investigated this more? Just like any other relatively reasonable employer would have done? By checking with IT staff for example? By just NOT ASSUMING things? By checking their security policies?

      For fuck sake, if they have an IT department, they would now something about something known as trojan/malware/virus.
    6. Re:Alas by ChameleonDave · · Score: 1

      Playing devils advocate: I think this action is completely justifiable. After all, if he had a company car and failed to keep it registered, insured, and in a safe condition, then killed some kid on a level crossing, he would be considered negligent and charged. If the laptop was in his control, is he not responsible for operating it in a safe manner? 8)

      Ah, Slashdot car analogies.

      No. It's more like a guy using their company car on the weekend to have an affair (on his own time, and paying for the petrol, with personal use of the car being an official perk). The boss finds out. "You cheated on your wife in a company car! That's immoral, and in breach of the fine print of your employment contract. You're fired!"

    7. Re:Alas by Anonymous Coward · · Score: 0

      But if people didn't jump to conclusions then they'd all be co-conspirators. There's no defense for possession, so they have to blame someone.

    8. Re:Alas by Coltman · · Score: 1

      Management loves to jump to conclusions. But there is that possibility that they were already looking to get rid of the guy. Yes the seriousness of the matter should have been turned over to the police, yes the guy should have the time to explain and understand what was happening to him. Ultimately I would have thought they would have suspended him pending an investigation, and make sure no one talks, then if guilty - Fire his ass and hope he gets lots of PMITA prison time. Otherwise if cleared, make a full apology with back pay, issue a new laptop and let him go about his job.

      --
      - my $.02? - you can't have it...it's all I have!!
    9. Re:Alas by Maxo-Texas · · Score: 1

      The second you can see the child porn he is downloading (and you don't report it to the police and you are not the police) you are committing a crime. This is like that anti-porn bishop that got caught with porn who said he was building a case against them-- he can't- he's not the police.

      The correct action would be
      1) call in the police
      2) the police get a warrant
      3) you/police install a camera and observe his actions
      4) while intercepting his data stream
      5) and you hire someone to do forensics on his machine

      or

      1) You give him another CLEAN laptop and erase the current one
      2) You see if the problem stops before escalating it

      ---
      At my corp we had a 12 year vet fired when someone else used his laptop and found porn and reported it. Now you have to wonder if the same thing happened to him.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    10. Re:Alas by phorm · · Score: 1

      Well, if you've already run across the content, would it hurt things to check the datestamps on the files, or maybe have the disk copied (DD should work) and the dupe sent to a professional whilst the police may have the original?

    11. Re:Alas by Hyppy · · Score: 1

      By putting him on (un)paid leave for a reasonable amount of time, and offering a full severance package if they had to let him go and he turned out innocent.

  7. That's a nice HUGE FREAKIN' BLOCK OF TEXT by Anonymous Coward · · Score: 2, Funny

    That's a nice HUGE FREAKIN' BLOCK OF TEXT you've got there, buddy. Maybe you'd like some PARAGRAPH STRUCTURE to wash it down.

    1. Re:That's a nice HUGE FREAKIN' BLOCK OF TEXT by Anonymous Coward · · Score: 1, Funny

      Can I have a SIDE ORDER OF CAPS LOCK with that, please?

    2. Re:That's a nice HUGE FREAKIN' BLOCK OF TEXT by Geoffrey.landis · · Score: 4, Interesting

      That's a nice HUGE FREAKIN' BLOCK OF TEXT you've got there, buddy. Maybe you'd like some PARAGRAPH STRUCTURE to wash it down. Don't blame me, the story as I submitted it had paragraph breaks.
      --
      http://www.geoffreylandis.com
  8. A poorer man would've been convicted by davidwr · · Score: 5, Insightful

    I've heard of people getting screwed by their bosses before but this is ridiculous.

    If he hadn't had the resources to hire his own expert, he would be in prison and branded a sex offender for life, all because his boss didn't practice safe hex.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  9. Tough lesson learned... by Muckluck · · Score: 5, Informative

    This is a tough lesson learned for Mr. Fiola, but the lesson is, always request a clean build when receiving new equipment in the workplace. That would have eliminated the malware and given him a clean system to work on.

    --


    --I like turtles...
    1. Re:Tough lesson learned... by Chris+Burke · · Score: 2, Informative

      And they say "No, you take this laptop as-is and use it" with the same unthinking and unresponsive attitude with which they fired him, and then where is he?

      Of course that is probably a better circumstance under which to be looking for a new job than the one he's in now...

      --

      The enemies of Democracy are
    2. Re:Tough lesson learned... by oldspewey · · Score: 5, Insightful

      And how does the average corporate employee even know whether he/she has a "clean build" when issued a new laptop. Most times a laptop arrives pre-imaged with an OS and a standard suite of software tools. Unless you go poking around the filesystem you can't really tell how "clean" the machine is.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    3. Re:Tough lesson learned... by rocker_wannabe · · Score: 1

      You can always ask. If you're the CEO, CIO, or other executive it might actually happen.

      When I started working at one company they gave me a laptop that had been on a job in South America for months and was so loaded with porn popups that it was unusable. That was the only reason they gave me another one. Fortunately for me, the laptop started acting up in an obvious way right from the start.

      --
      "Meaningless!, Meaningless!" says the Teacher. "Utterly meaningless!"
    4. Re:Tough lesson learned... by Rogerborg · · Score: 2, Insightful

      I'd imagine that if he's got a half decent lawyer that he'll never have to work again.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Tough lesson learned... by Skapare · · Score: 1

      Remember, this guy was not very good with computers. But his boss, the attorney that told them not to talk to him, and perhaps others, are all incompetent and need to be taken out of government jobs, permanently.

      --
      now we need to go OSS in diesel cars
    6. Re:Tough lesson learned... by roc97007 · · Score: 1

      > And they say "No, you take this laptop as-is and use it" with the same unthinking and unresponsive attitude with which they fired him, and then where is he?

      ...and some places really do this. That's why you accidentally blow out the install in some unobvious fashion and hand it back. "I dunno, it broke." If they're in the habit of recycling old installs, they should be used to random breakage.

      At one company I was handed a laptop with the previous occupant's contacts and stored passwords still resident. Being in (a different part of) IT, I could scrub and reinstall myself. Was a little frightening, though. 'S why I don't let the computer remember my passwords.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    7. Re:Tough lesson learned... by Anonymous Coward · · Score: 0

      When I went to work at Intel as a conslutant, they gave me another employee's "old" laptop as a "loaner". Since I didn't know whether or not it had any important information on it, I couldn't reformat and start from scratch. It did, however, have an approximately 1 GByte Outlook data file, fragmented into no less than 33,000 chunks! Apparently the guy and been receiving "joke" pictures and videos from friends all over the world... and yes, many of them would have classified as obscene. I didn't find any kitty porn, however. But I worried that I would get busted for having this material on "my" laptop, and tried to clean it up as best I could.

    8. Re:Tough lesson learned... by X0563511 · · Score: 1

      Just make sure it inexplicably breaks.

      "Honestly, I don't know WHY the drive looks like a DOD wipe, really!"

      They can't blame you 100% for it, after all it wasn't a clean machine.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    9. Re:Tough lesson learned... by Anonymous Coward · · Score: 0

      Wow, is it really that much to expect for the people you work with to actually do their job?

      What your really saying is that not does this guy need to know and do his own job, but to learn what all of his co workers jobs are and then follow up if if they actually did their jobs or not?

      Remember, this guy isn't a computer guy, but you expect him to head down to the IT department and find out what all the procedures are for the network and make sure they follow up on them?

      Maybe he should also head down to payroll every other week and insure that all his pay cheques are recored properly because if payroll messes up, it will screw him over. Maybe he should inquire with all his bosses after every review and meeting to make sure every filed document is correctly handled?

      Is it really too god damn much to expect people to actually do their jobs?

    10. Re:Tough lesson learned... by RoboRay · · Score: 1

      When I needed my government-issued notebook reimaged, I had to take the hard drive out and connect it to my own computer so I could delete some key OS files to make the drive non-bootable. As long as it still worked at all, they wouldn't touch it.

    11. Re:Tough lesson learned... by Anonymous Coward · · Score: 0

      The lesson is for the employer. A wrongful termination lawsuit should be initiated by Mr. Fiola in lieu of the failure by the IT department to adequately secure his work notebook. Had the company investigated in detail, they would have saved themselves the expense of losing a trained employee, as well as the poor PR they have now created for themselves. They got bad legal advice from their lawyers on this one.

      The report by the forensic specialist who examined his computer should be subpoenaed by his attorney and used as evidence to prosecute the lawsuit.

      The company would be wise to settle rather than risque precedent setting case law.

    12. Re:Tough lesson learned... by Anonymous+Cowpat · · Score: 1

      Kitty porn isn't illegal, so long as there aren't any people involved.

      --
      FGD 135
    13. Re:Tough lesson learned... by Paradise+Pete · · Score: 1
      I didn't find any kitty porn, however.

      Dude, it's right here.

    14. Re:Tough lesson learned... by Anonymous Coward · · Score: 0

      Ask for it. Request it. Stand up and walk yourself to your IT department with laptop in hand and say "CAN I HAS A CLEAN HARD DRIVE PLEASE". That is how you ensure you are getting a clean hard drive. How do you know if you don't? Look at any of the history files. Or look in document folders. And while you're there learn to actually use the machine, not just type on the number pad please. It's not hard to find out of you have a clean install.

    15. Re:Tough lesson learned... by ArsenneLupin · · Score: 1

      That's why you accidentally blow out the install in some unobvious fashion and hand it back. "I dunno, it broke." Dangerous game. What if right at this time, they happen to have a new (and thus still motivated...) guy starting to work there who'll actually take the time to investigate why it broke... and stumble across all that dodgy porn that the previous guy left there.

      Don't call attention to anything fishy by creating an "interesting and challenging" problem...

    16. Re:Tough lesson learned... by oldspewey · · Score: 1

      I said "average corporate employee." You know who I'm talking about ... the guy who sits across the divider who does a reply-all to fucking everything that lands in his mailbox ... the cute brunette in HR who literally giggled with glee when somebody showed her how to include graphics in her outlook signature ... the sales guy with the disturbingly white teeth who is on the phone with IT at least once a week because "the internet doesn't work."

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
  10. Dayam. by Penguinisto · · Score: 5, Insightful
    Man... reason # 10,297,668 why I primarily use Linux as my desktop @ work.


    Not that Linux (or OSX, or any of 'em for that matter) are 100% crack-proof, but putting one's career at the mercy of common malware and the only safety net is a sharp eye at the IT department?


    OTOH, I suspect this guy (if he plays his cards right and has a sharp lawyer on retainer) may never have to work another day in his life.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Dayam. by Drgnkght · · Score: 2, Insightful

      I suspect this guy (if he plays his cards right and has a sharp lawyer on retainer) may never have to work another day in his life. Which is a good thing because his chances of finding a decent job after this are about nil. Newspaper headlines are big when they can shout "Evil child-molester caught!", not so much when they have to say "oops, our bad."
    2. Re:Dayam. by phorm · · Score: 2, Insightful

      Not safe enough these days. Both my linux and boxen are regularly being sniped at.

      I'd also recommend:

      a) No root SSHD
      b) Denyhosts, with known hosts in hosts.allow
      c) Using an alternate SSH port
      d) Using a secure password. Alphanumeric with various characters

      Even with an OK alphanumeric password, I've seen boxes hacked through brute-force. Already-rooted machines will happily look for others to add to their army. Having a secure OS and failing on (d) is still a good way to invite disaster.

      (sorry if I'm preaching to the choir, but I've seen plenty of hacked boxen in both the windows and 'nix/BSD realm lately due to poor security practices).

    3. Re:Dayam. by Anonymous Coward · · Score: 1, Funny

      I have a linux machine, and it is always full of porn. I have to delete some of the files from time to time to emerge software.

      How do you keep it clean? I have this malware, qbittorrent, it downloads all kind of god-awful sex videos all the time :(

      Help me!

    4. Re:Dayam. by Anonymous Coward · · Score: 0

      ...boxen...
      I'll bet that you think that is soooo cute. But really it fingers you as a self absorbed light saber wilding Comic Book Guy look-alike with no life and a HUGE TROVE OF CHIL PORN.

      Idiot.

    5. Re:Dayam. by phorm · · Score: 1

      Never had any of my own servers hacked. I have seen plenty of attempts though.

      Never saw illegal (as in content) porn on the corp boxes that were hacked either, but plenty of Warez software, and lots of porn that I just cleared off by rote without bothering to check into too deeply as to what variety it was. If I remember correctly the first server I saw hacked had pr0n mentioning horses, though.

  11. Foreign sites? by mr_lizard13 · · Score: 1, Funny

    A malware script on the machine surfed foreign sites at a rate of up to 40 per minute
    Pesky foreigners. Child porn peddlers, the lot of 'em.
    --
    "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
  12. TFA doesn't state by rsborg · · Score: 1
    ...if the guy was re-instated. Man, to lose your job and then be prosecuted because of faulty virus/malware protection?

    maybe their IT dept should be held liable for giving him a misconfigured laptop?

    btw, why isn't this a YRO article?

    --
    Make sure everyone's vote counts: Verified Voting
  13. Julie Amero ? by PoliTech · · Score: 5, Informative
    1. Re:Julie Amero ? by Joe+The+Dragon · · Score: 1

      They seem to have the same level of dumb IT people and users not having there user account not set / not set up the right way.

    2. Re:Julie Amero ? by stavros-59 · · Score: 5, Informative

      Yep.

      The forensic report is linked to on this page and is scathing about the IT staff.
      They did the handover and didn't even notice that the antivirus wasn't working and that their SMS update system wasn't working.

      It should be policy to handover computers with clean image and with updates.

    3. Re:Julie Amero ? by Antique+Geekmeister · · Score: 1

      Oh, this kind of problem especially occurs when tracking back spam to notify the spam sender that their machine has been zombified, or notifying an ISP that their mail server has been cracked. It's particularly bad right now because of the recent cracking of Google's 'CAPTCHA' logins, but having some nasty porn pop up on the screen while reviewing a spam isi unsurprising.

      There's also www.thepiratebay.org, which is actually a handy site to find clean copies of out-of-date media that you own but is ruined, or new Linux distros on active Bittorrents, but has lots of nasty adult dating sites as advertisers. I used it, successfully, to find RedHat 7.3 CD images to download quickly. (And yes, I did check the md5sum's against those from my old data.)

    4. Re:Julie Amero ? by RealErmine · · Score: 1

      from the forensic report, emphasis mine:

      The viruses and Trojans positively identified on the Laptop are known for allowing attackers to access a computer remotely, steal passwords and personal data; hijack Internet browsers; redirect web pages and Internet searches; generate pornography; and download other malicious code.

      Generate pornography? Wow, that's some virus. You'd think the guy would have been suspicious when pizza delivery guys and plumbers kept arriving at his laptop and receiving alternate forms of payment for their "services". Not to mention the bass-heavy music that played at all times.

      --
      Dewey, you fool! Your decimal system has played right into my hands!
    5. Re:Julie Amero ? by Anonymous Coward · · Score: 0

      Much like Julie Amero, I was working for a rural school district about a year ago. I was sent to investigate a computer at one of the elementary schools which was reportedly "acting up". Upon arrival at the sit I proceeded to locate the machine in question, being in the middle of a room full of second grade students (with a substitute teacher, no less). Approximately 5 minutes into working with the machine, I got several very explicit pop-up ads (bestiality was featured in at least one of them). Luckily, the students were reading with the teacher at the other side of the room, so I was able to clear the screen before anything bad happened. There is no doubt in my mind that if someone had by chance glanced at that screen in those few seconds, that I would have suffered much the same fate as Julie Amero.

  14. Who would want to??? by davidwr · · Score: 1

    And, meanwhile, insure no one touchs that laptop. Who would want to?

    Um, nevermind, I don't want to know.
    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  15. The real crime here... by adsl · · Score: 5, Insightful

    The real crime here is that the charges were dropped thru "insufficient evidence".... Why is this loophole allowed to prosecutors? How about. "We are sorry we should never have arrested you, fired you and will will formally erradicate all your arrest process so it never happened and give you backed dated pay and legal expenses".

    1. Re:The real crime here... by LostCluster · · Score: 5, Informative

      The real problem is that, as the summary said, they didn't change the security software username, and killed the old username at the server. Therefore, he was running unupdated software... leaving him open to any new Internet threat. Sounds like the IT Department deserves to be fired.

    2. Re:The real crime here... by John+Hasler · · Score: 2, Interesting

      Prosecutors and police can be sued.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:The real crime here... by opusman · · Score: 1, Insightful

      That's the way the adversarial legal system works. EVERYONE is a potential criminal; those of us not in jail are only loose because of lack of evidence.

    4. Re:The real crime here... by Anonymous Coward · · Score: 0

      Police generally can't be sued, they have immunity when in uniform and performing their duties. In this case, too, they were given a complaint (which they're supposed to investigate) and evidence - which is sufficient to hold a person and probably charge them.

      However, police interrogation practices are rarely designed to get at the truth, they are designed to confirm what the police think. The police would therefore not learn anything that might have persuaded them they had the wrong guy.

    5. Re:The real crime here... by tmosley · · Score: 2, Insightful

      Good luck with that.

    6. Re:The real crime here... by witherstaff · · Score: 1

      I agree. There's a reason it's called the legal system and not the justice system. We are in a system of Guilty until proven Innocent.

    7. Re:The real crime here... by Anonymous Coward · · Score: 1, Interesting

      Good luck with that.

      In Massachusetts arrest records are never wiped. When I was younger I was arrested for being in the wrong place at the wrong time in Norwood MA, and the charges were in fact dismissed by the judge, but the arrest shows up on my record to this day. Whenever I travel to Canada or am forced to undergo a background check for a job, I always carry the official court document showing that all charges were dismissed because CORI (the Criminal Offender database for MA) just shows a dead-end trail after the arrest.

      Despite never having been convicted of a thing, I've been denied several jobs by employers who were turned off by the fact that I was arrested; despite the fact that an arrest is no evidence of wrongdoing. And.. No legal recourse...

      Where's the justice?

    8. Re:The real crime here... by hacker · · Score: 1

      Actually, it's because they use the verbage "Innocent until proven guilty".

      Not unless proven guilty, but until.

      This presumes that we're all guilty, it's just a matter of time until they find out what to charge us with.

    9. Re:The real crime here... by Kjella · · Score: 1

      The real crime here is that the charges were dropped thru "insufficient evidence".... Why is this loophole allowed to prosecutors? How about. "We are sorry we should never have arrested you, fired you and will will formally erradicate all your arrest process so it never happened and give you backed dated pay and legal expenses". First, you assume that because the prosecutor thinks they can't prove his guilt beyond a reasonable doubt it equals that his innocense is proven beyond a reasonable doubt, it is not. If the police had to fully compensate everyone they arrested that did not lead to a conviction, it'd be very expensive and probably stop officers from making necessary arrests. Being arrested means you've been removed so the police can do investigation, talk to witnesses, prevent escape of potential perps and so on. It's very natural for some people to be released after the investigation or found not guilty in a trial. Most countries just go with a "the shadier the water was around you, the more you have to endure". As long as you weren't held unreasonably long given the evidence and the severity of the charge, as overseen by the courts, tough luck. I think you'd be pretty pissed if the cops said "Well, uh... we didn't think it'd do any harm to let him stay free, the evidence looked good but we've been asked to try to cut down on our holding costs and he was an expensive white collar guy if we didn't get the conviction" while your suspect takes an extended vacation in Mexico with the underage girls the cops hadn't had time to investigate the pictures of yet.
      --
      Live today, because you never know what tomorrow brings
    10. Re:The real crime here... by adsl · · Score: 1

      I believe I live in a society wherein one is "innocent until proven guilty". Ergo if a prosecutor drops a case then the "legal presumption" is that that person is "innocent". By using your assumption that that person may well be "guilty", just the prosecutor can't guarantee he will win the case, this adds to the STIGMA that ALL arrested people have to face for the rest of their lives, whether, or not, the charges were dropped. As another poster clearly points out there is no shaking this stigma, it's real and it's absolutely UNFAIR. An "arrest record" is one enormous piece of baggage to carry around for the rest of ones life.

    11. Re:The real crime here... by N3Z · · Score: 1

      The IT Department is probably outsourced to the lowest bidder.

      --
      .signature not found
    12. Re:The real crime here... by Risen888 · · Score: 1

      Prosecutors and police can be sued.

      For doing their jobs? I don't think so. Assuming you did RTFA, you know that the employer took this to the police. The police and justice system then proceeded to do what we pay them for. That's their job. They'd be negligent if they did not pursue this case, at least with the information that they could be reasonably expected to have. If you're looking for a lawsuit, I'd say the place to start would be the company itself, and maybe the IT staff.

      (IANAL, but I don't think you are either.)

      --
      Hey, I finally got my first freak! Took you long enough!
  16. Lawyer: This, boys and girls, is why . . . by hawk · · Score: 3, Informative

    I am a lawyer, but this is not legal advice. If you need legal advice, the attorney in this story might be a good choice . . . (but I cannot endorse him).

    This, in a nutshell, is why lawyer's represent guilty scum.

    Sometimes, it turns out, they are neither . . .

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? I really can't fault the emploeyr for not considering such an idea and investigating it.

    The defense attorney, though, is to advocate for his client, even if the client claims seem far-fetched.

    hawk, esq.

  17. The majority of computer users are unaware... by dclozier · · Score: 3, Informative

    So expecting them to ask for a clean build is asking to much. Their IT department should have known better and done this automatically.

    1. Re:The majority of computer users are unaware... by aceofspades1217 · · Score: 1

      If the person who gave them this computer simply changed the name on the account than i really doubt there is an "IT" department to begin with.

      I know a lot of people who work on the government and it's pretty hard to fire someone unless you quote, "look at porn or kill someone". One of my friends told me a coworker brought a gun into her job as at the education department and didn't get fired. It really doesn't matter how incompetent your set and to get anything changed you need to go through so much red tape.

      Government desk jobs are among the most inefficient and unproductive jobs. If they didn't screw up and gave the guy anti-virus than this wouldn't have happened. Now the guy's life is ruined and he will have to live in shame for the rest of his life and will be required to tell everyone on his block that he is a sex offender. Than everytime he does anything are is even walking home people are going to question him and treat him like a criminal.

      And btw it is pretty common for these pay-per-click things to come up. If your computer is surfing 40 sites a minute on high pay-out childporn sites than that will rake in a TON of money for the botnet owner.

      Just think 1 cent per click (because child porn sites will pay a shit load for clicks) and 40 times a minute. Thats 2 dollars every 5 minutes.....thats f***load of money.

  18. Telling quote from TFA by GroeFaZ · · Score: 5, Interesting

    "As soon as you mention child pornography, everybody's senses go out the window, she [the computer forensics expert] said."

    Sounds too familiar. What's really fucked up is that his former employers "stand by their decision", namely to fire the guy. The bare minimum would be a public excuse, an offer to let him work there again, and probably a hefty compensation if he refused. But that's not likely to happen since by definition, the government knows best.

    --
    The grass is always greener on the other side of the light cone.
    1. Re:Telling quote from TFA by acecamaro666 · · Score: 0

      Perhaps the company used the porn on the computer as an excuse to fire him for something else that they couldn't necessarily fire him for, hence they stand by their decision. Or I bet the lawyers told the company to take that line and let the guy go on his way.

    2. Re:Telling quote from TFA by netruner · · Score: 1

      If the former employers are that mentally deficient, they deserve the massive, devastating series of civil suits that is about to land on them. If what has been listed here was collected by a professional forensics investigator, the MDIA, IT dept, the personnel manager and the supervisor are all about to fund this guy's early retirement.

      I know a manager who retracted an offer to a prospective employee when he found out that the applicant had lost a job for internet porn. Employers are not interested in whether or not he did it - once someone has the stench of the accusation on them, nobody will touch them. This is why slander is illegal.

      I hope he crucifies them publicly as an example to all.

      Prosecution/persecution of the innocent must not be tolerated and must be dealt with harshly.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    3. Re:Telling quote from TFA by Anonymous Coward · · Score: 1, Insightful
      Well, they can't really re-hire him. He now has the fact that he was arrested on child sex crimes on his record, and generally Government departments cannot employ a person with something like that on their record. In fact, it'll likely turn up in every background check by potential future employers, making him unemployable.



      No future employer is likely to take the public relations gamble that he's innocent, versus the huge risks if he isn't, when there's a thousand other candidates as good who are not a risk at all.


      In a case like that, where the guy is irretrievably ruined for life, he should be compensated the same as anyone else who can never work again through workplace negligence, say in the form of physical injury, which would be anticipated remaining lifetime earning, with whatever cap there is on such damages.


      Of course, that won't happen. He'll probably work in some cheap, dead-end junk job, where nobody cares about background and nobody asks questions. If he's lucky. The US has a high homeless rate, and very little of it is voluntary or self-inflicted.

    4. Re:Telling quote from TFA by MightyMartian · · Score: 1

      If he wasn't convicted, then there's not going to be a criminal record. His name, however, is mud, and as we can see here, even with a reasonable explanation and an admittance by the detective that only a few of the pictures looked to be of underage people, folks are willing to consider him guilty anyways. Being accused of any kind of child crime, even if the evidence is later found lacking or absent entirely, pretty much means your fucked.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Telling quote from TFA by ArsenneLupin · · Score: 1

      What's really fucked up is that his former employers "stand by their decision", namely to fire the guy. The bare minimum would be a public excuse, an offer to let him work there again, and probably a hefty compensation if he refused. But that's not likely to happen since by definition, the government knows best. Isn't that why you have the Second Amendment. Buy a gun, walk in, and plant a bullet in those guy's head that were at that infamous meeting.

      You'll be locked up in prison for it, but hey, your life was ruined anyways.

      If more people did this, maybe this non-sense would stop.

  19. Unlawful Termination by HannethCom · · Score: 2, Informative

    In Canada that would be unlawful termination.

    Actually even if he was guilty, they would have had to tell him before he went outside why he was fired, or he would have grounds for compensation.

    --
    Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
    1. Re:Unlawful Termination by Anonymous Coward · · Score: 1, Informative

      Actually even if he was guilty, they would have had to tell him before he went outside why he was fired, or he would have grounds for compensation. However, this is not Canada. In the US, employment laws vary from state to state. Massachusetts is what is known as a "right to work" state; one of the things that means is that your employer can fire you at any time without giving a reason or notice. Now, if your employer does provide a reason, the employee might have grounds for a wrongful termination lawsuit -- and personally, I think that's likely in this case, although IANAL. So, the employer was very stupid in telling the employee why he was fired.

      The flip side of the coin is that in "right to work" states, you can also quit your job at any time without giving your employer any notice or reason, and that your employer cannot force any kind of agreement on you that would prevent you from working for a different company.
    2. Re:Unlawful Termination by RiotingPacifist · · Score: 2, Insightful

      Typical canadians, with thier pesky protecting employees. Do you know nothing about capitalism? it only works if you give the employer COMPLETE power.

      --
      IranAir Flight 655 never forget!
    3. Re:Unlawful Termination by doktor-hladnjak · · Score: 2, Informative

      Massachusetts is not a Right to Work State. It does have "At-will" employment laws though.

    4. Re:Unlawful Termination by Anonymous+Cowpat · · Score: 1

      That's a pretty crappy deal.

      In exchange for being able to leave your job without giving some nominal notice period (which will be useful one time in a million - what new employer won't be able to wait for your notice period to be up, really?) you get NO JOB SECURITY, AT ALL!

      I'm not saying this is your position (\me avoids accusations of straw-man), but I really don't understand people who trumpet, as an employee, at-will employment being a good thing for them. It's like sitting down for a game of cards, but first extracting the aces from the pack & giving them to your opponent.

      --
      FGD 135
  20. "We stand by our decision" by Strange+Ranger · · Score: 5, Insightful

    DIA spokeswoman Linnea Walsh confirmed Fiola "was terminated," but declined to say if any internal discipline has been meted out as a result of his name being cleared in court.

    "We stand by our decision," she said.
    So now the DIA is trying cover it's own ass for giving him "a ticking time bomb" and then firing him for it and ruining any social life he had.
    The worst part is that the assholes at DIA responsible for the horrible "roll-out" of a replacement laptop, and the PHB's responsible for firing him w/o doing proper research into the issue will not be punished in any way. THEIR lives won't be ruined. Even if he wins a lawsuit. It'll be money from the DIA, but no real punishment to the people involved.

    Somebody find all their names and contact info (I'm too lazy) and post it. Let's send the info to Russia with requests for Viagra and child porn.

    Seriously though, The Office is funny on TV, but tragic in real life. These people should be arrested for harassment and criminal negligence at the least.

    What kind of laws can we enforce (and/or pass) to truly punish the individuals responsible for shit like this? Lawsuit money from the organization isn't even close to justice.

    --

    Operator, give me the number for 911!
    1. Re:"We stand by our decision" by NumbDr9 · · Score: 2, Insightful

      Hi,

      There's certainly plenty of blame to pass around here, but before you go on a witch hunt, let's look at what may have happened.

      Now, chances are that the PHB was not the one who discovered the child porn. More than likely the content was reported to the PHB or HR or whatever by somebody in IT. So right away we have an unknown and possibly long chain of communication. So the PHB hears from somebody in the company that one of the employees is downloading child porn, what is he supposed to do now (especially if he's not tech savy)? Did the IT department inform the PHB or HR or whatever that it could be a false alarm? Maybe, maybe not. Was the critical information lost somewhere during the chain of communication? Maybe or maybe not. We do know from the article that the PHB consulted the company lawyer (probably a good idea). So now a lawyer is involved. what advice did the lawyer give to the PHB? Was the PHB acting of his own accord, or directly following instructions from legal? The answer is not obvious.

      Now somebody somewhere dropped the ball, but it is entirely unclear which person or persons are to blame for that happening. Additionally it appears on the surface that the mistake was not made wilfully or out of spite, but out of a mistaken conviction.

      If this had happened to me, I would be far less concerned about getting even with whoever was to blame, and far more interested in pursueing appropriate compensation.

    2. Re:"We stand by our decision" by Anonymous Coward · · Score: 1, Informative

      Publicly available info from DOL

      Refer to the entry for Mass, find Director of Department for Industrial Accidents. Unsure if info is accurate or current.

    3. Re:"We stand by our decision" by Anonymous Coward · · Score: 0

      I've never heard of a child-porn downloading malware. Seems like a waste of time.

      Not having evidence to prosecute is not the same as being innocent.

      There's more to this story. Something had to have brought the porn to their attention. If that something was a call from law enforcement, no doubt he was fired.

      At any rate, the laptop was *his* responsibility. IT policy was no doubt explained to him, he no doubt signed off on the training, and he violated it - which is grounds for termination in and of itself.

      Not everybody is a victim and not every manager is of the pointy-headed variety. That's simply a common blue collar IT myth.

    4. Re:"We stand by our decision" by Anonymous Coward · · Score: 0
      What kind of laws can we enforce (and/or pass) to truly punish the individuals responsible for shit like this?

      If there was a law against that sort of logic, I suppose you might be near the top of the long list of offenders. You are advocating the EXACT SAME APPROACH that caused this problem to occur.

    5. Re:"We stand by our decision" by sporkme · · Score: 1
    6. Re:"We stand by our decision" by shilly · · Score: 2, Informative

      Well, the person who said "We stand by our decision" is linnea.walsh@state.ma.us

      I think it would be helpful for people to drop her a line asking how she lives with herself, and whether she can look her children in the eye now that she's helped ruined a man's reputation.

    7. Re:"We stand by our decision" by BBandCMKRNL · · Score: 1

      At any rate, the laptop was *his* responsibility. IT policy was no doubt explained to him, he no doubt signed off on the training, and he violated it - which is grounds for termination in and of itself. Please show me where his employer's IT policy states that the employee is responsible for ensuring that the software on the laptop that connects to the SMS Server that is used to update the anti-virus software on the laptop, is configured and functioning properly. Next, please show me the training each employee receives to properly perform this function. And while we are at it, please show me the group policy file that is applied to the laptop the ensures the employee has appropriate access to configure the software appropriately.

      You can't because none of the above exist. The employee is no more responsible for ensuring that the security software and associated updating software is functioning properly than he is responsible for ensuring that all required maintenance, preventative and otherwise, is performed on his employer supplied vehicle.

      Neither of the above are the employee's job. There are other people whose job it is to perform those functions. In this case, someone in the IT department didn't do their job properly with life-altering consequences for the falsely accused employee.
      --
      Without the 2nd Amendment, the others are just suggestions.
    8. Re:"We stand by our decision" by quaero_notitia · · Score: 1

      Regardless of what we all may think about the outcome this case, the man is innocent and he fought hard to exonerate himself. His employers response is typical, wrong as wrong can be, but we are still right. And taxpayers will suffer from incompetence and negligence.

      The citizens of this local government should be pissed, because as "shareholders" of this organization they were failed by bad business practices and leadership that has cost them money. And will likely cost even more when the gentleman sues his former employer for wrongful termination and whatever else the lawyers dredge up.

      Our governmental business processes breed these attributes in it's employees whom are indirectly rewarded because they are rarely penalized or terminated for bad decisions. Now that being said, firing a manager the first time a bad business decision is made is not the right answer either. Because every manager, even the best, make a bad decision at some time. The effect of that decision needs to be reviewed and I suspect there will be some change within the organization, if only to cover their arses better the next time. The citizens should demand to hear what changes were made to ensure that this situation doesn't occur again. Leaderships failure to address the issue should result in terminations of the entire leadership chain. Will that happen? Not likely from my experience working within government. This man is going to retire early at the taxpayers expense.

      --
      -- Wondering how long until the internet becomes fully corporatist, like television.
  21. Been there to an extent by 7-Vodka · · Score: 4, Interesting
    I've worked for the state of MA and I've run into the same problem many times on their computers. Depending on where you work their IT people are really not that knowledgeable or hardworking and I can't blame them, they have to work with microsoft crap, I would be slacking too.

    I was even fooled by it once. I found pr0n bookmarks under a cute girl's login and I was thinking "Daaamn this girl is a freaky.." for a few seconds until I realized what it was. I could easily see how people would jump the gun and over react when they find actual material on a computer and not just bookmarks however they should at least ASK the person if they're guilty and send it for investigation first.

    --

    Liberty.

    1. Re:Been there to an extent by Anonymous Coward · · Score: 0

      "I can't blame them, they have to work with microsoft crap, I would be slacking too."

      Oh yeah, that's a valid excuse to be worthless. Congrats.

    2. Re:Been there to an extent by ulash · · Score: 1

      "Depending on where you work their IT people are really not that knowledgeable or hardworking and I can't blame them, they have to work with microsoft crap, I would be slacking too." You're kidding right? Since when not being knowledgable or hardworking can be explained by the software running on the computers? You get paid to do your work. Either you do it properly and earn your wage or you are not fulfilling your end of the contract and/or are incompetent.

    3. Re:Been there to an extent by Anonymous Coward · · Score: 0

      "...they have to work with microsoft crap, I would be slacking too."
      Nice idiotic excuse.

  22. Thank God!!! by data_monk · · Score: 1

    Now I know how to explain all of those Jessica Alba pics on my machine.

    1. Re:Thank God!!! by Anonymous Coward · · Score: 0

      When it comes to Jessica Alba, I think everyone would understand.

      </drool>

  23. Why? lots of reasons by davidwr · · Score: 5, Insightful

    * to disrupt society
    * to provide a plausible alibi for any of his perverted friends
    * to drive up the cost of prosecuting this type of crime so prosecutors will have less money to prosecute his brother-in-law who runs an organized crime family
    * kicks/jollies/juvenile reasons
    * someone paid him to do it
    * Why ask why
    * He wanted his work to get on CowboyNealBoard, er, I mean Slashdot

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  24. I Smell work for a lawyer. by Anonymous Coward · · Score: 0

    I would sue, sue and, sue.

  25. Re:Lawyer: This, boys and girls, is why . . . by jythie · · Score: 5, Insightful

    Because the sites the malware connects through pay via click through.

    What that bit of malware probably did was go around to a bunch of sites that the author gets fees from and makes it look like someone is browsing them.

    Get a botnet of 1,000 computers going and it looks like hacker X convinced 1,000 people to view the site over and over.

  26. Re:Lawyer: This, boys and girls, is why . . . by maxume · · Score: 1

    If the intersection of child porn distributors and malware authors is larger than 0, the malware author may have written the malware to distribute the child porn. Or to keep it in circulation to gain later access to it, etc.

    --
    Nerd rage is the funniest rage.
  27. Re:Lawyer: This, boys and girls, is why . . . by Kjella · · Score: 4, Insightful

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? I really can't fault the emploeyr for not considering such an idea and investigating it. Providing a layer of protection between the source nad the potential customers? I doubt an ad server serving up illegal images would be alive for very long.
    --
    Live today, because you never know what tomorrow brings
  28. He doesn't want his job back by davidwr · · Score: 1

    I read a different article that said he wouldn't work for them again because of the way they treat their employees.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  29. Re:I submitted to the Firehose at 6PM! on the 18th by hummassa · · Score: 5, Funny

    Why don't you try writing your submissions intelligently and professionally? Because then it would eliminate any chance of them going to the /. front page? :-)
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  30. Re:Lawyer: This, boys and girls, is why . . . by AxemRed · · Score: 3, Informative

    I would say that the scripts surf a list of shady sites to get hits on banner ads. I imagine that, even though they don't stay up as long, kiddie porn sites may have ads too...

  31. Whats interesting in this story is.... by tacokill · · Score: 5, Interesting

    The fact the he was charged with child porn. I've been following this case in the news because it is such an odd case. As TFA says, they eventually figured out it was viruses and malware doing the downloading of images (over the web, BTW). Ok, fair enough.

    However, another article (can't find the link, sorry) was interviewing one of the detectives involved with the case. What he said was something along the lines of "there was a LOT of porn on the computer. 99% of it was just gross stuff, not illegal. But we did find a few pics of young girls.". Which makes me wonder --- how, exactly, do they define child porn?

    Are they just arresting people because pictures look young?

    ...or did they find real kiddie porn on there?

    It just seems odd that all of a sudden there is all this kiddie porn out on the publicly available internet and it does not draw attention. I would presume, with Tor, Freenet, etc all of that activity would be driven underground (ie: encrypted). Is there really "spam" and popup based kiddie porn still going on in the WWW?

    I ask because I have...err...my friend has not seen it since the early early days of the internet. Back then, you truly could stumble across it accidentally. It hasn't been that way for a long long time though, in my experience.

    1. Re:Whats interesting in this story is.... by locokamil · · Score: 4, Funny

      You mean your friend's experience, right?

    2. Re:Whats interesting in this story is.... by Fulcrum+of+Evil · · Score: 1

      presumably, the illegal stuff is stored on botnets to avoid pointing back to the actual collector. I poke around the seamy parts of the net, but it's all legal stuff AFAIK.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      Just look on /b/ on 4chan, it's now flooded by CP.
      That's the reason i have stopped looking, not so ago it was rare, now it's in half of the threads.

    4. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      This is what scares me most about the whole child pornography witch hunt. I haven't seen any tangible definitions of what constitutes child pornography. What marks the boundaries?

      A picture taken at a nudist beach?
      A child wearing a bathing suit trying to impress someone by striking a "sexy" pose?
      A naked fifteen year old posing for a camera?

      When I think of child pornography I think of a child being sexually abused by someone. If this evidence is absent from the photograph, then how can you outlaw the picture itself?

    5. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      Is there really "spam" and popup based kiddie porn still going on in the WWW? If you go surfing dubious eastern European pr0n sites, then yes, you are likely to find some under-age material mixed in with everything else. Also, if you are searching for cracked software, often you see search results with useful titles bun descriptions suggesting that they contain cp (but I have not checked if there really is anything). Otherwise, you are usually OK.
    6. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 1, Informative

      It just seems odd that all of a sudden there is all this kiddie porn out on the publicly available internet and it does not draw attention. I would presume, with Tor, Freenet, etc all of that activity would be driven underground (ie: encrypted). Is there really "spam" and popup based kiddie porn still going on in the WWW?

      I ask because I have...err...my friend has not seen it since the early early days of the internet. Back then, you truly could stumble across it accidentally. It hasn't been that way for a long long time though, in my experience. I'm fairly sure it is out there on the web if you go looking for it. And sometimes if you aren't looking for it.

      About two years ago I was trying out some search page I'd seen here on slashdot that displayed a cloud of very small thumbnails of what other people were browsing. Forget the name of it since I haven't used it since.

      Anyhow... Seeing what all other folks were looking at was sort of novel. I was looking at this and that as new thumbnails popped up when I saw one that looked like a page with about a dozen images on it. Vaguely flesh colored images. I thought "That looks like porn. Wonder what they're looking at?" I figured the worst I might get was a page of naked guys and at best some hot, slutty girls. So I clicked the thumbnail.

      It was clearly child porn. Naked young teens and pre-teens. Not "young looking 18 year olds with pigtails." Uh-uh. Quite clearly underaged kids.

      Sort of an "oh shit" moment. Cleared the browser cache. Ran Eraser over the drive a time or two. That was the end of looking at what other people were browsing via graphical interface for me.
    7. Re:Whats interesting in this story is.... by Riktov · · Score: 4, Interesting

      What's even more bizarre is the claim (in the summary) that some of the images portrayed incest.

      Sure, with child porn one could make a reasonable guess -- there is no confusing an image of a 6-year-old as possibly 18. But for "incest images", the only "portrayal" could be from a text label (in the image, or the filename), or some blatanly obvious visual hints in the photos, which would have been *deliberately* placed to convey the idea that the image portrays incest. There is no way to deduce from an image of two naked people, without knowing their identities as well, that they are engaging in incest.

      Saying they the images portray incest based on the labels is no more justified than saying that they portray space aliens, or members of the White House staff, or Osama bin Ladin in disguise.

      And are images depicting (or just claiming to depict) incest a crime?

    8. Re:Whats interesting in this story is.... by tompaulco · · Score: 2, Informative

      Which makes me wonder --- how, exactly, do they define child porn?
      In my state child porn is pictures or video of person under the age of 18 involved in sexual acts or just unclothed. Also, anyone that looks like they are under the age of 18 according to the police inspector whether or not they actually are. Also , anyone that is obviously over the age of 18 but is dressed up to look like someone under the age of 18, also cartoon renderings of imaginary people who if they were not imaginary would be under the age of 18 or look like they would be in the opinion of the police investigator.

      --
      If you are not allowed to question your government then the government has answered your question.
    9. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      Well, if the girl is three feet tall and looks to be five years old, odds are it's kiddie porn. Beyond something blatantly obvious, there's no real telling. If she looks to be of double digit age, then unless you have some sort of records, you really have almost no way to tell.

    10. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      Hang out on 4chan.org /b/.

      Otherwise: it is pretty much entirely on the tor, hacked ftp, irc, ect scene.

      There are foreign http sites hosted in countries where child porn is legal.

    11. Re:Whats interesting in this story is.... by Anonymous Coward · · Score: 0

      I can think of at least one possibility for stumbling across "kiddie porn" on the www. That would be any explicit pics of 17 year olds originating from countries that don't draw a legal line at 18 like the USA does.

    12. Re:Whats interesting in this story is.... by Zerth · · Score: 1

      Easy: they were twins.

      However, they never touched each other, had sex with different people, weren't even on the same couch, and one of them had an accent the other did not.

      Damn lying purveyors of twin pornography.

  32. On a further note... by changos · · Score: 1

    The man was also happy to receive a DVD with all the images on his computer, including a 500MB file named NSFW.pst

  33. Most organisations wouldn't by EmbeddedJanitor · · Score: 2, Insightful

    Many companies only have limited IT capability and many will just hand over a computer from an ex employee to a new employee with very minor changes. Saves a bunch of work reinstalling stuff.

    --
    Engineering is the art of compromise.
    1. Re:Most organisations wouldn't by MightyMartian · · Score: 1

      This is why a personally loathe laptops as business machines. I realize the necessity, but in every way they're a fucking nightmare. They're hard to secure, they die out way too quick through normal wear (not counting user stupidity like drops and spilled coffee), and in general the folks who have a laptop assigned to them pretty much treat it like their property. They take it home and use it for their own surfing.

      What this company should be doing now is firing their IT staff for a) not checking the fucking machine out after the previous employee returned it and b) not having the thing properly secured. I'll wager some dumb-ass tech at the company gave the previous employee administrative or "power user" privileges. My hunch is that the machine was being used by a third party as a bot to download and distribute nasty porn, and the guy who get canned was indeed the victim of other peoples' incompetence.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Most organisations wouldn't by mpe · · Score: 1

      What this company should be doing now is firing their IT staff for a) not checking the fucking machine out after the previous employee returned it and b) not having the thing properly secured. I'll wager some dumb-ass tech at the company gave the previous employee administrative or "power user" privileges.

      Assuming that this machine actually went through the IT staff when it was transfered between employees. If this did not happen that could easily explain a lot.
      There's also the issue that the "dumb-ass tech" may actually be a "dumb-ass manager" who insisted that this be done...

  34. I saw the movie by Ranger · · Score: 4, Insightful

    It's called Farm Sluts. Hilarious! Well not for the guy in real life.

    --
    "You'll get nothing, and you'll like it!"
  35. Virus? by JWSmythe · · Score: 1, Interesting

    I can believe it was malware. Sure, there are a lot of malware out there that do a lot of things.

        What they're describing sounds like malware intended to run up the traffic rankings of a site. If so, why was it gathering pictures too? Poorly coded? It wastes more bandwidth to pull the entire rendering of the page, than just the HTML and JS. While conserving bandwidth isn't high on the priority list, to keep from being noticed, and to keep their efficiency up, the virus writer would do what they could to keep their impact low.

        I find it interesting that they don't mention what the malware was. They gave a vauge description of it, but not a positive description. This eludes to me that it could be the mystery virus defense. Beyond that, it could have been installed accidentally (or intentionally) at some point between when he got the laptop and when it was discovered.

        A possible scenario is this, including their facts.

        1) The defendant was given a laptop from work
        2) The laptop had it's antivirus disabled inadvertently by the IT staff.
        3) The defendant browsed to web sites, which may or may not have contained illegal images.
        4) The virus was accidentally or intentionally acquired through said sites.
        5) The defendant viewed web sites containing illegal images, before or while the virus was running.
        6) The virus would acquire web site content when near wireless access points.
        7) The defendant's employer found said illegal content on said laptop.
        8) The defendant was rightfully terminated, and the evidence given to law enforcement.
        9) The defense lawyer drew upon their mighty google-ing ability, and found the "it was a virus" defense.

    --
    Serious? Seriousness is well above my pay grade.
    1. Re:Virus? by Anonymous Coward · · Score: 0

      If you had read the article, it says that his laptop was riddled with malware. Sure some of it could have been clickbots, but I wouldn't be surprised if it was also part of one or more botnets.

    2. Re:Virus? by Anonymous Coward · · Score: 0

      If so, why was it gathering pictures too? Poorly coded? It wastes more bandwidth to pull the entire rendering of the page, than just the HTML and JS. While conserving bandwidth isn't high on the priority list, to keep from being noticed, and to keep their efficiency up, the virus writer would do what they could to keep their impact low.

      If the website admins are fairly intelligent that this could happen, they may only count "full renders" of their page (via analysis of the server logs for GET statements) in determining whether or not to pay based on that referral.

      Just because some people are willing to sell the scummiest of all pornography doesn't make them complete morons. With referral programs, they still have to see a return on their investment, and paying hackers with bot nets that don't create new revenue for them is poor business sense.

    3. Re:Virus? by Anonymous Coward · · Score: 0

      Child porn is pretty tough to get a hold of, what with it being illegal and all. It is generally distributed through p2p and filesharing apps and through a string of unwitting proxies. When people talk about your computer being hijacked by malware their metaphor doesn't do the mechanism of the process justice. It's more like on your flight back from Cancun some dude in baggage-loading slips a bag of cocaine into your bag, calls his buddy in San Diego to tell him which bag it's in, and his buddy pulls it out while your bags move between the plane and the baggage-claim conveyor. Only in this case the DEA found the bag first and you go straight to Gitmo, do not pass "Go" etc. This computer was more likely than not just free storage and distribution. Yes, that is enough reason for the sorts of people who proliferate child pornography on the internet to write up malware that they receive no monetary profit from. And what better target for that sort of unauthorized use than a government computer? Just because they're sick doesn't mean they don't have a sense of irony.

  36. Re:Lawyer: This, boys and girls, is why . . . by vux984 · · Score: 5, Insightful

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that?

    I've actually seen this sort of thing a couple times... not for kiddie porn luckily. Just movies (hollywood) and warez back before p2p.

    As you can imagine finding servers to host and distribute this sort of stuff can be difficult. So why not compromise some random persons laptop, setup an ftp server, irc, dynamic dns, and whatever else... and then use it as a free and 'anonymous' remote host and storage.

    It wouldn't surprise me in the least that this could be in use for kiddie porn distribution.

    I really can't fault the emploeyr for not considering such an idea and investigating it.

    When dealing with any case of child abuse including kiddie porn, one should ALWAYS be extremely cautious. Because whether he is innocent or not, people will never look at him the same way again.

  37. Some teenaged Russian by Anonymous Coward · · Score: 0

    Teenaged Russians = "Child Porn!" or some such bullshit.

  38. Re:Lawyer: This, boys and girls, is why . . . by Sparks23 · · Score: 4, Insightful

    From my (admittedly cursory) read of the article, I gather they claim the malware was trying to pop up the images to a broken account. I.e., the malware downloaded the images (hence their being in the temp directory) and tried to display, but then failed. Thus, the user never saw that the laptop was doing this, or else he could've gone, 'uhm, something is very wrong with this machine.'

    If this is true, though, the real question then becomes how they didn't notice the virus on the machine when reconfiguring things (poorly) for the new user. At that point, if the defense argument is accurate, the malware should have still been able to display this stuff, and you'd think the IT guys would have noticed...

    --
    --Rachel
  39. Re:Why? lots of reasons by secolactico · · Score: 5, Interesting

    * To create mirrored websites to ensure availability of the material.

    It happens with malware spreading sites, why not illegal porn?

    If the malware can run a distributed dynamic dns based site, it will achieve a highly distributed network that would be hard to shut down easily.

    --
    No sig
  40. the ultimate untraceable weapon by analog_line · · Score: 4, Interesting

    Get child porn on your enemy's computer as long as he runs Windows (or whatever else), total deniability because there's so much malware out there. This scares the bejeezus out of me.

  41. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 5, Informative

    Probably, the malware itself is a temporary webserver to help distribute the load of an illegal kiddie porn pay site. Look up Fast Flux (http://en.wikipedia.org/wiki/Fast_flux) spammers use it all the time and it is very simple to set up.

  42. What an interesting article. by WelcomeOurOverlords · · Score: 1, Redundant

    I, for one, welcome our new automatic-porn-downloading overlords.

  43. umm?! by Anonymous Coward · · Score: 1, Insightful

    Arrest those exploiting kids?

  44. Sounds like a lawsuit for wrongful termination... by Ralph+Spoilsport · · Score: 1

    is brewing. Rawls: unfair / unjust / unreasonable. His termination fits all three. Now, how much will he rake these people for?

    --
    Shoes for Industry. Shoes for the Dead.
  45. Re:I submitted to the Firehose at 6PM! on the 18th by davidsyes · · Score: 0, Offtopic

    Geez, i was half-assed expecting some bullshit polemic such as "don't offend or insult" the readers outside of slashodot, bekauze after all, we're trying to look like a responsible journal that can be referenced by The New Yourk Tymes...

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  46. Re:Lawyer: This, boys and girls, is why . . . by networkBoy · · Score: 4, Informative

    Your skepticism is mis-placed.
    There is more than one kind of malware.
    One kind sends Phishing Spam / Viagra spam / etc.
    Another performs DDoS attacks.
    A third acts as a distributed FTP/Fileshare server so that the guilty have a place to hide & share their wares and not have a single point of being shut down by the authorities. Whether this be lists of CC numbers or kiddie porn is immaterial.
    -nB

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  47. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 1, Insightful

    > why would the malware developer do that?

    Perhaps the malware is part of a P2P network distributing porn? Why risk getting arrested for distributing porn when you can co-opt other (innocent) people's computers into a network that does your dirty work for you?

  48. We can always let them know how we feel... by Anonymous Coward · · Score: 0

    If we all contacted the DIA it might get things moving for this guy.

    Department of Industrial Accidents
    for questions related to Workers' Compensation

    600 Washington Street; 7th Floor
    Boston, MA 02111
    Phone: 617-727-4900; 1-800-323-3249
    Info2@dia.state.ma.us

  49. Re:Why? lots of reasons by Opportunist · · Score: 1

    OK, but you know the problem in this, right?

    1. Create multiple copies of child porn all over infected computers.
    2. ???
    3. Profit

    Malware is a for-profit biz.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  50. Re:Lawyer: This, boys and girls, is why . . . by Killeroid · · Score: 5, Informative

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? The malware wasn't downloading and hiding kiddie porn From the article: "Loehrs found a script file that was set to go out and run its own searches on foreign Web sites, she said. "And once you get into some of these foreign sites, you'll get all kinds of stuff you don't want to see. "Actually, the child pornography was just a very small portion of it. The majority was just bizarre porn. He was being hit with everything," she added." The malware author was probably running a pay per click scam by using his malware to visit a bunch of sites and making it seem a bunch of visitors were browsing the site.

  51. criminal court is not the same as civil cort. by Joe+The+Dragon · · Score: 1

    criminal court is not the same as civil cort.

  52. Not everybody is a slashdotter by fm6 · · Score: 4, Interesting

    From a purely technical point of view, a clean install is good advice in this situation (and many others!) But it's not something an ordinary user can do. This guy certainly doesn't have the expertise, not if he was using such a thoroughly compromised system. So he has to turn it over to the IT department, which then charges his department $100 or more for the service. That's approaching the total value of the laptop if its been around for any length of time.

    1. Re:Not everybody is a slashdotter by dedazo · · Score: 5, Insightful

      Yeah, it's too bad he did not have the skill and nerve

      Not having a skill you might happen (I assume) to have shouldn't be cause for derision or ridicule. As for the "nerve", you've obviously never had a job at a company of any significant size. And we'll leave it at that.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    2. Re:Not everybody is a slashdotter by fm6 · · Score: 1, Flamebait

      Dude, whatever you do, don't go to work for IT. They already have too many assholes like you.

    3. Re:Not everybody is a slashdotter by Anonymous Coward · · Score: 1, Informative

      He knows who you are. You can stop pretending.

    4. Re:Not everybody is a slashdotter by Codifex+Maximus · · Score: 1

      fm5 said:
      "So he has to turn it over to the IT department, which then charges his department $100 or more for the service. That's approaching the total value of the laptop if its been around for any length of time."

      How much is the man's reputation worth? And, the company's time and investment in his training. Not to mention litigation costs.

      --
      Codifex Maximus ~ In search of... a shorter sig.
    5. Re:Not everybody is a slashdotter by palegray.net · · Score: 1

      Because I supply my own tools that I consider right for the job? No, because you're basing your worldview on the premise that lack of advanced IT skills makes someone unfit for any given job.
    6. Re:Not everybody is a slashdotter by dedazo · · Score: 1

      Um, how am I "insulting" again? You're the one saying that anyone who doesn't have the skill and "nerve" to install "GNU/Linux" must be an idiot.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    7. Re:Not everybody is a slashdotter by Heather+D · · Score: 1

      One way to deal with this situation: Arrange an 'accident' for that laptop. Something that wipes the hard disk for example.

    8. Re:Not everybody is a slashdotter by ozmanjusri · · Score: 4, Insightful
      And we'll leave it at that.

      You've got to admit the OP has a point though.

      The guy in TFA got sacked for using Windows.

      You Evangelists always say it's so easy to use, but if Windows is so easy, how come this guy needs L337 skills just to avoid being labelled a child pornographer and losing his job?

      Next time anyone says "No one ever got sacked for buying Microsoft", I'm pointing to this guy.

      --
      "I've got more toys than Teruhisa Kitahara."
    9. Re:Not everybody is a slashdotter by MrNaz · · Score: 2, Funny

      You mean like this:

      Staff Member: Boss, sorry I had an accident.
      Boss: Really? What happened?
      Staff Member: Well, I was playing around with a large toroid and I accidentally dropped the laptop into the center of the flux field at the same time as my hand slipped on the high current switch.
      Boss: Never mind, that could have happened to anybody.

      --
      I hate printers.
    10. Re:Not everybody is a slashdotter by The+End+Of+Days · · Score: 1

      You're an asshole because you've somehow missed the fact that the vast majority of people don't have the skills to do as you suggest, and you deride them for it.

      Or you're stupid. Your pick, really.

    11. Re:Not everybody is a slashdotter by renegadesx · · Score: 1

      Hi Twitter

      --
      Make SELinux enforcing again!
    12. Re:Not everybody is a slashdotter by Antique+Geekmeister · · Score: 1

      That's worth a lot, but the lost time while the laptop is re-installed or while any information left on the laptop is replaced after it gets wiped. I've certainly seen this happen. And the software and tools to scrub and re-install laptops to a clean OS image is also quite expensive, which is why that $100 charge seems conservative.

      Fortunately for some of us, a Linux network installation, set up once with PXE, is precisely what the doctor ordered for being able to re-image a laptop aat will. Even a DVD with a customized installer can do this quite trivially.

    13. Re:Not everybody is a slashdotter by xenocide2 · · Score: 1

      An IT department shouldn't be billing the company for a profit. If it costs your company 100 dollars to image a machine once, you're in a world of hurt.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    14. Re:Not everybody is a slashdotter by dougisfunny · · Score: 1

      Any IT department in a company the size that controls the security updates as mentioned, should be able to reimage in ~20 minutes on the outside, including adding on specific software packages not in the base image.

      --
      This is not the funny you're looking for.
    15. Re:Not everybody is a slashdotter by TheLink · · Score: 3, Insightful

      Obviously the dept didn't value that man's reputation very much ("We stand by our decision" even after the court cleared him)
      Nor did they appear to factor all that in - the litigation costs.
      It sounds even more negligent given they passed that guy a non "clean" laptop in the first place.

      Anyway, often the problem is the downtime it takes to reimage the machine - esp if it's an old laptop and nobody has an "up to date" and pristine image.

      AFAIK normally nobody cares.

      Except in this case. I guess someone cared enough to start a witch hunt and this poor chap got the brunt of it.

      Someone screams "child porn" and suddenly it's like a mass shark frenzy with blood in the water.

      --
    16. Re:Not everybody is a slashdotter by Xiaran · · Score: 1

      You have been kinda put down by a bunch of people for this comment and I dont really want to contribute to that. But it is quite often a case in companies that you are *not allowed* to go messing with your standard install on your company supplied hardware. As in it is a firing offense. You probably haven't worked as a programmer in a large organisation where you need to install something as part of your job that requires more access rights on your windows box than you are technically allowed. You can either override those accesses using your technical skills or have long arguments with people who are less technically savvy than you about why you need local admin access.

    17. Re:Not everybody is a slashdotter by smallfries · · Score: 1, Funny

      Because you like to park in handicapped spaces while handicapped people make handicapped faces

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    18. Re:Not everybody is a slashdotter by jollyreaper · · Score: 1

      And we'll leave it at that.

      You've got to admit the OP has a point though.

      The guy in TFA got sacked for using Windows.

      You Evangelists always say it's so easy to use, but if Windows is so easy, how come this guy needs L337 skills just to avoid being labelled a child pornographer and losing his job?

      Next time anyone says "No one ever got sacked for buying Microsoft", I'm pointing to this guy. I don't believe we've established whether or not this was one of the shops that lets everyone run as local admin or if he was locked down as just another end user. If it's the latter, you really can't blame Windows since he had absolutely no control of the matter, it's squarely on the head of the IT guys.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    19. Re:Not everybody is a slashdotter by RaigetheFury · · Score: 1

      Next time anyone says "No one ever got sacked for buying Microsoft", I'm pointing to this guy.

      Ozmanjusri that is the dumbest statement I've ever read. Seriously, linux systems are just as compromis-able if not setup correctly and not maintained. Sure there are a LOT less exploits but linux is a LOT less user friendly. It was obvious from the REPORT that his machine was not updated, and not maintained correctly.

      The reason linux doesn't have as many exploits or "viruses" or whatever... is the target audience are non-computer savvy users. They went to Bestbuy and bought the "on-sale" computer. That's the type of person that will fall for their scams or not realize they are hacked. Why in the world would they target people like us who are much more in tune with security issues and how to correctly maintain our stuff. They don't put it as a priority.

      You can argue, they should, or they should learn, but I hate to tell you this... most people don't care. They have other things in their life they find more important. In this aspect these people are sheep and need to be herded gentle, not hit with a cattle prod.

      Flavors of linux like Ubuntu and others are starting to provide that slow migration. Help the process, don't lay baseless blame on something using flawed logic.

    20. Re:Not everybody is a slashdotter by Shakrai · · Score: 1

      I find it interesting that you jumped all over him pointing out how "unfriendly" Linux is when he never even mentioned Linux. All he mentioned was a response to the standard Microsoft sales drone pitch. He didn't discuss alternatives.

      Hell, my company uses Windows and won't be changing anytime soon but I'm still going to pull out this example the next time I'm talking to a Microsoft fanboy who comes after me with that line.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    21. Re:Not everybody is a slashdotter by hesiod · · Score: 1

      > And the software and tools to scrub and re-install laptops to a clean OS image is also quite expensive ...? I'm going to avoid my knee-jerk "WTF" and seriously ask: what software are you referring to? Because the software I use to do that can be obtained for free, so I am a bit perplexed at such a strange statement.

    22. Re:Not everybody is a slashdotter by C4Cypher · · Score: 3, Informative

      It's his job, he had about as much choice in the matter of operating system as he did about which computer he was going to use. The employee who got the sack is genuinely a victim. Management has some of the blame for going off half-cocked, but speaking as an IT professional, the responsibility is with the techs to not only ensure they hand out the good machines, but THOUGHROGHLY investigate an issue, especially concerning somthing as serious as child porn, before they throw the 'offender' under the bus. IT should be supporting, serving and protecting their users, not getting them prosecuted unjustly.

    23. Re:Not everybody is a slashdotter by Hyppy · · Score: 1

      No, it's true, you've obviously never had a job at a company of any significant size. There is nothing insulting about that. Being bright-eyed and naive is a stage most of us go through at one time in our lives.

    24. Re:Not everybody is a slashdotter by Anonymous Coward · · Score: 0
      What an asshole.

      MS marketing really scraping the bottom of the barrel.

    25. Re:Not everybody is a slashdotter by MBGMorden · · Score: 1

      So he has to turn it over to the IT department, which then charges his department $100 or more for the service. That's approaching the total value of the laptop if its been around for any length of time. Is that practice of an in-house IT charging another department for labor really that common? I've worked in IT for almost 10 years now, at 3 different companies, and while we'll quite happily charge them for parts or supplies, I've never been anywhere that billed a department within the same company for labor. At my current location I know that we have a maintenance garage as well for maintaining the vehicle fleet (about 100 vehicles so it's worth doing it in house), and they work under the same policy of charging for parts when needed, but the service is not charged.

      Maybe I'm just being weird, but it seems to eliminate the benefit of having an integral IT department if they're charging for service - if that's the case they might as well outsource the work and save on paying salaries.
      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    26. Re:Not everybody is a slashdotter by Macthorpe · · Score: 1

      The OP that ozmanjusri was referring to said that he should have installed GNU/Linux instead.

      He certainly wasn't the first person in the thread to mention Linux, and I think it was a pretty natural to assume that anybody supporting the OP agreed with all his points, not just the ones he decided to comment on.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    27. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      Actually, I didn't know this was twitter. I just don't have the memory capacity to keep track of all the dude's sockpuppets.

      Anyway, the stupidity of the post stands on its own. It's based on the standard assumption that anybody who doesn't know computers must be an idiot. That's the issue I'd rather focus on. I don't really care about Twitter's sockpuppets, except when he uses them to drown out everybody else opinion.

      And frankly, your obsession (and yes, it's an obsession) with twitter it getting pretty old.

    28. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      You're missing the point. I'm not arguing that people ignore malware on their systems. Obviously that's a very bad idea. But nobody's going to spend $100 to fix a system that's worth $200. They'll either get a new system or persuade themselves that it doesn't need fixing. The latter is obviously what happened here.

    29. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      You're assuming that that the IT department provided the laptop in the first place. In any big organization, it's pretty common for departments (and even individuals) to buy their own laptops, even if there's an IT standard model. There are any number of reasons to do this: you want a different model, you don't want to let IT "lock down" your desktop and control the software you're allowed to install, etc. Or else (and that seems likely in this case, since we're talking about a big government bureaucracy) they don't have it together enough to even have a standard laptop.

      Obviously, IT can't maintain images for every laptop made. So they have to install windows from an OEM CD. That's a couple hours work.

    30. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      Well, yeah, that's an approach. But somebody who lacks the skill to re-install the OS probably also lacks the knowledge to know that it's a good idea.

    31. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      True, I've never heard of IT imposing labor charges for routine stuff. But they will charge for exceptional situations that eat up a lot of their time. Policies vary, but I think a lot of IT departments will stick you if one of their people has to spend a couple hours installing an OS.

      Not an issue where I work, because IT won't even look at a laptop they didn't issue. (Don't know if they reimage them when they're returned; I think they just recycle them.) They do tolerate people using laptops they didn't issue. But they'll stick you with big charges if they have to spend any time dealing with your laptop. Minimum charge for handling a malware infestation caused by a poorly protected PC or laptop: $2K.

    32. Re:Not everybody is a slashdotter by ozmanjusri · · Score: 1
      If it's the latter, you really can't blame Windows since he had absolutely no control of the matter, it's squarely on the head of the IT , or guys.

      That doesn't make sense at all.

      Either the platform is vulnerable and needs specialised skills to keep malware out, or it's as easy to use as the Evangelists claim.

      Whether the guy himself supplies the skills or his IT team does it is irrelevant.

      --
      "I've got more toys than Teruhisa Kitahara."
    33. Re:Not everybody is a slashdotter by dedazo · · Score: 1

      Hah!

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    34. Re:Not everybody is a slashdotter by dedazo · · Score: 2, Insightful
      If you hire on with a company as a lorry driver, and the brakes on your vehicle give way in the middle of taking a turn somewhere because of lack of maintenance, who are you going to blame? Yourself? You were hired on as a driver, not a mechanic. Or hey, let's use a closer analogy - if I hire you as a systems analyst and give you a Linux laptop with an unpatched version of SSH so that it gets r00ted after two days, who are you going to blame? Yourself? You were hired on as a systems analyst, not a system admin or a desktop support specialist.

      You "Evangelists" have the most amusing double standards and syncopated rationalizations.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    35. Re:Not everybody is a slashdotter by dougisfunny · · Score: 1

      It mentioned even in the summary that 'When they gave him this laptop, it had belonged to another user, and they changed the user name for him....'

      And you don't need an image for every single laptop, most large shops create a generic corporate image that you push down on anything. Mainly because it is ridiculous to maintain an image for each separate hardware platform.

      --
      This is not the funny you're looking for.
    36. Re:Not everybody is a slashdotter by jedidiah · · Score: 1

      The notion that other platforms are less prone to malware is pure bullshit.

      Before Microsoft,the notion of an "email virus" was considered an absurdity.
      You would get laughed off of a BBS just for suggesting the idea. Now Microsoft
      has made the idea mundane.

      Microsoft likes to do BONEHEADED things. A lot of times it does these things
      based on some claim of convenience. They've gotten end users conditioned to
      the practice of installing random untrusted things that come from who knows
      where.

      So yeah... "just about anything else" is going to be more secure. Hell, just
      avoiding as much Microsoft stuff as possible while running Windows will help.
      I've seen this among my own colleagues as they manage to get their machines
      trashed surfing mundane job related sites.

      Dump Windows. If you can't do that, dump exploder and msoffice.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    37. Re:Not everybody is a slashdotter by MBGMorden · · Score: 1

      Not an issue where I work, because IT won't even look at a laptop they didn't issue. (Don't know if they reimage them when they're returned; I think they just recycle them.) They do tolerate people using laptops they didn't issue. But they'll stick you with big charges if they have to spend any time dealing with your laptop. Minimum charge for handling a malware infestation caused by a poorly protected PC or laptop: $2K. Sounds like they're not being restrictive enough ;).

      Our purchasing department will not allow the purchase of any hardware or software that hasn't been approved by IT. We generally only support/approve the purchase of specific hardware models.

      Any system that comes in to us gets imaged with a standard image. The user is not setup as admin. They can't install software - they can't even use removable drives. They can't execute any program for which the executable file has an unknown hash sequence (ie, we have approved every program that they can use on the device). Internet access is always filtered through a proxy server that blocks out known bad sites (as well as executable or archive files). If they want to get online from an outside connection they have to VPN in and still use the proxy over the VPN for internet access.

      And most importantly, except for rare exceptions (ie, laptops that might not have network access at all times), no user data is kept on the hard drive. That information is kept on a server and if the machine ever did get messed up, then we can just reimage it with the latest image and they're good to go again (also works out such that if someone's machine fails, they can just use another one nearby, or we can loan them a machine and they don't miss a beat).

      Yeah, we've occasionally had a user that was upset because we wouldn't like him install the Google Toolbar or something, but spyware/malware is virtually non-existent on our machines here.
      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    38. Re:Not everybody is a slashdotter by Macthorpe · · Score: 1
      You said:

      The notion that other platforms are less prone to malware is pure bullshit. Then you go on to argue that other platforms are less prone to malware than Windows. The argument itself was pure tripe, and you argued against a point that I didn't even make.

      I can't decide whether your mother smoked when she was pregnant, dropped you on your head, or whether this is all your own work. I'm sure you can enlighten me.
      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    39. Re:Not everybody is a slashdotter by Leebert · · Score: 1

      the responsibility is with the techs to not only ensure they hand out the good machines, but THOUGHROGHLY investigate an issue, especially concerning somthing as serious as child porn, before they throw the 'offender' under the bus. No, absolutely NOT. The MOMENT an IT staffer discovers child porn, they should stop and immediately contact law enforcement. Possession of child porn is no joke, even if it's not yours you can still get whacked pretty hard. Besides, extremely few general IT staff are equipped to conduct a forensic investigation, and will likely make things worse for law enforcement to sort out.

      Note that NOT reporting it is explicitly illegal in some cases: http://www.ncsl.org/programs/lis/kidnet/reportreq0603.htm
    40. Re:Not everybody is a slashdotter by fm6 · · Score: 1

      The policies you describe are pretty common in your standard corporate environment (your company is a little more extreme than most, but only a little), where you can get away with not allowing your users to customize their systems. Some might even call it a "best practice" — though I'm not willing to offer an opinion.

      But I work for your basic high tech company. A lot of our people have to be able to hack their own systems in order to do their jobs. A lot of other people don't strictly need open systems, but have hacker-geek mindsets that makes working with locked-down systems very painful. Most of them would start looking for new jobs if locked out of their own systems.

    41. Re:Not everybody is a slashdotter by Macthorpe · · Score: 1

      You're a fine one to talk about enlightenment - you would keep it from everything from everyone, and you try to regularly.

      Don't ever think you can use philosophy on me, twitter. You can't argue factually with me, let alone at an abstract level.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  53. sounds like he should sue by bugs2squash · · Score: 1

    Seems one has to jeopardize one's livelihood over every small thing, like whether to accept a used PC or not. Hence I would have thought one could argue that accepting the PC as it was and using it for business was not a completely free choice. A man's gotta eat.

    If Fiola's side of the story can be taken at face value, then presumably he can sue - not just for the loss of income, but for the damage to his reputation, emotional distress at the nature of the material etc.

    Having said that - bandwagon rides are fun, so my gut feel is that Fiola was complicit in at least some way, even if he saw the computer behaving weirdly and did not report it. Perhaps this will help him establish that his reputation was tarnished by this whole episode.

    --
    Nullius in verba
  54. ..why Megan's law and "zero tolerance" is tyranny. by plasmacutter · · Score: 5, Insightful

    abuse including kiddie porn, one should ALWAYS be extremely cautious. Because whether he is innocent or not, people will never look at him the same way again. and this is why "zero tolerance" and "Megan's law" are tyranny.

    zero tolerance laws produce an extreme disincentive to properly and discretely investigate such things before slinging around an accusation which will ruin somebody's life.

    "Megan's law"s punish people after the official debt to society has been paid. If you are so sure pedophilia is an incurable, life-long disease, than imprison them for life or develop a house arrest program, but you can't simply toss these sex offenders out, put a big neon "child molester" sign over their head, and pretend they have the same rights, or are not in danger of vigilantism.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  55. usually a witch hunt to fire high paid worker by GoodNicksAreTaken · · Score: 5, Interesting

    I'm involved in investigating things like this in my line of work. The argument I've worked on the most was that X worker was on eBay at 6am, and then there is a record of X on at 12pm, so we fired X for waisting time spending 6 hours of their day on eBay. Everyone of the cases I've helped investigate the employee was a few months from reaching a big pay increase or increase in retirement benefits.

    Their team also loves to hand us data that their forensic person has pulled from Windows without giving us access to the original drive. When questioned on how he obtained the data it was clear that their certified forensic expert didn't make a locked copy of the drive but logged in and poked around. The certification their contractor has is from IACIS http://www.cops.org/certifications

    None of them so far has gone to a judge AFAIK but I know my PHB has testified for an arbitrator and the arbitrator ruled there was insufficient evidence for a dismissal.

    1. Re:usually a witch hunt to fire high paid worker by Anonymous Coward · · Score: 0

      The argument I've worked on the most was that X worker was on eBay at 6am, and then there is a record of X on at 12pm, so we fired X for waisting time spending 6 hours of their day on eBay.

      Ummm, no, that shows they went to ebay at 6 am, and at 12 pm. That doesn't show they spent 6 hours on ebay. And your forensic team is certified? Pathetic.

      It's perfectly reasonable to allow personal web browsing before work, after work, and during lunchtime. Do you allow employees to make/receive personal phone calls at the office?

    2. Re:usually a witch hunt to fire high paid worker by emurphy42 · · Score: 1

      Read the subject line. In context, he's 100% in agreement with you.

    3. Re:usually a witch hunt to fire high paid worker by GoodNicksAreTaken · · Score: 1

      As my post came second I believe I'm in agreement with him. I was simply trying to add to discussion, not debate the parent.

  56. I smell lawsuit by Dorsai65 · · Score: 2, Interesting

    Considering the series of screwups that led to this, I figure his next course of action is a lawsuit against the state - I'd sure as hell do it.

    Giving him a laptop without re-initializing it? They got them some dimtwitty IT folks there in Taxachussetts.

    --
    --- Asking inconvenient questions for over 30 years...
  57. Re:Why? lots of reasons by blitziod · · Score: 1

    because the porn was legal in another country, but not the USA. Sites in other countries are more likely to use malware and the age of consent is a year or two lower in most.

    --
    The only way to bust a doper--is when you yourself become a smoker!
  58. My biggest paranoid fear by Anonymous Coward · · Score: 2, Interesting

    Whenever I end up with a new (always used to me) computer or laptop, the first thing I do is install Google Desktop, and more recently Picasa, and I scour the hard drive for jpg and other image files, and then I delete them. I am absolutely freaking paranoid about something like this happening to me.

    Whenever I have the opportunity, I like to wipe the hard drive completely and do a clean reinstall of all the software, but sometimes, you just can't do this, especially if you don't have the install disks. The reason I like to do this especially is because then I know what the machine acts and feels like under ideal conditions, and if the computer later slows down or acts sluggish, I can tell almost immediately if I've done some dumb cluck thing like downloaded some adware or freeware that turned out to be crapware.

    As a direct result of reading Slashdot and TechDirt, I also have locked down my wi-fi with a highly encrypted password. It's too bad actually, as I like the idea of open wi-fi, but I can't take the risk that some joker might use my connection to download porn or music, tied back to me and my IP address. Knock knock from the FBI - no thanks.

  59. Nope. by Anonymous Coward · · Score: 0
    This is a tough lesson learned for Mr. Fiola, but the lesson is, always request a clean build when receiving new equipment in the workplace

    How many IT guys would really do that? With all the other work they have to do? And that's assuming you have someone there that knows what they're doing.

    Yep, and the snotty IT guy rolls his eyes, goes back to his office and does his work without doing anything to the laptop, and comes back later and says, "Yep, it's done. No problem" and takes off.

    Then later on, the kiddie porn is found on the poor bastard's machine, the IT guy says it wasn't them. Poor bastard fired. Now, the poor bastard couldn't do it himself because he'd be fired for violating company IT policy.

    Let's face it, you're fucked as an employee.

  60. Re:Why? lots of reasons by mrchaotica · · Score: 1

    2. Have the infected computer serve copies of the child porn to the paying customers.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  61. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    actually it's correct.

    he basically got infected with a trojan and backdoored. his laptop essentially got turned into an ftp server that became available at any wifi hotspot.

    i have seen this personally quite a few times, and typically its used to courier very unsavoury material.

    there is nothing here to be suspicious about in other words, its only suspicious if you don't understand enough about how this sort of thing works.

  62. Industrial Accidents, indeed by SpammersAreScum · · Score: 1

    Sounds like the Department was aptly named.

  63. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    As others have said, PPC.

    Also, consider that it's pretty much the employer's fault that his PC had all of this malware since they clearly don't have proper security procedures. Add to that the fact that they were pretty quick to BLAME HIM when in fact it's THEIR FAULT and I think he has a great countersuit. I'm not a lawyer in any state but ... the company/state deserves it in this case whether it's good legal consul or not.

  64. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 1, Informative

    That part was about the System Management Server trying to update his laptop through a nonexistent user.

    So basically the system had no updates because the automatic updates were configured to work through an user that wasn't there anymore. Which leads a windows system to leaking like a sieve, explaining how he got the virus.

  65. Article DOES NOT say laptop was running Linux by Facetious · · Score: 0, Redundant

    Parent is a lying bastard. I read all articles linked to, including the second page of the first article. Linux in not in the text of any of them. Please mod accordingly.

    --
    Let us not become the evil that we deplore.
    1. Re:Article DOES NOT say laptop was running Linux by Anonymous Coward · · Score: 0

      Little confused here... Where are these links where the parent is lying? Slashdot doesn't have an edit button...

    2. Re:Article DOES NOT say laptop was running Linux by Torvaun · · Score: 1

      In the summary. I know we're not supposed to read the articles, but it's OK to acknowledge that they exist.

      --
      I see your informative link, and raise you a pithy comment.
  66. Re:..why Megan's law and "zero tolerance" is tyran by John+Meacham · · Score: 4, Insightful

    Indeed. they should extend the indictment requirement required by the constitution for capital offenses to these sorts of crimes. Being falsely accused of molestation is much worse than being falsely accused of murder in terms of social repurcusions. (assuming one was eventually declared innocent of both).

    --
    http://notanumber.net/
  67. Re:Lawyer: This, boys and girls, is why . . . by bane2571 · · Score: 1

    Not necessarily, I've seen malware that only opens popups when you open IE for instance. Maybe this one needed you to be connected to the internet to popup and the IT guys changed settings while off the network.

  68. Re:..why Megan's law and "zero tolerance" is tyran by ScrewMaster · · Score: 5, Insightful

    Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


    Frankly, zero-tolerance doesn't seem like what the Founders had in mind, nor does torturing people you don't like for the rest of their natural (and now probably shortened) lives. Granted, I suppose this depends upon your interpretation of "cruel and unusual", but if this can be applied to sex offenders it can be applied to any group of people if you can manage to vilify them sufficiently.

    --
    The higher the technology, the sharper that two-edged sword.
  69. Re:Why? lots of reasons by Opportunist · · Score: 1

    Sounds awefully complicated. I'd just rent a server in Malaysia or other countries with more pressing issues than shutting down servers, where someone like this already has a server collecting information for ID theft. I doubt they're more interested in shutting down CP servers than ID theft servers.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  70. Industrial accidents + porn by Tiro · · Score: 1
    The Massachusetts Department of Industrial Accidents fired worker Michael Fiola...
    Interesting that this story comes on the heels of this post.

    As u38cg noted, "Google Zeitgeist is going to be raising a few eyebrows next month."

  71. Again? by Anonymous Coward · · Score: 0

    This happened to my aunt. She was promoted, and the guy she replaced was fired for loading porn onto his work computer. The company KNEW, but didn't clean it off, they just gave his computer to her. As soon as she hit the internet, it started moaning and screaming at her, she slammed it shut, tore out the battery, and took it right back where it came from with a lot of bitching and yelling at IT.

  72. Re:Sounds like a lawsuit for wrongful termination. by mrchaotica · · Score: 1

    If it were me, I'd not just sue the organization for wrongful termination, but also sue the employees involved personally for slander and gross negligence.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  73. Malware storing hidden files by wagnerrp · · Score: 1

    Back in the early days of broadband, I had an anonymous ftp with upload access set up on a home server. I would not infrequently end up with a directory a dozen levels deep, with some random file, as some bot tested my server for what it was capable of.

    1. Re:Malware storing hidden files by Fred_A · · Score: 1

      Back in the early days of broadband, I had an anonymous ftp with upload access set up on a home server. I would not infrequently end up with a directory a dozen levels deep, with some random file, as some bot tested my server for what it was capable of. I had that too, even though my /incoming was blind (unlistable). Eventually I removed it as it wasn't worth the hassle.
      But then just browsing through the access logs of any web server shows a steady stream of tests against numerous vulnerabilities, old and new. Even on small home machines (I have servers on ADSL2+ lines for various purposes). Anything connected to the outside gets hammered in seconds nowadays. It's depressing really.
      --

      May contain traces of nut.
      Made from the freshest electrons.
  74. His arrest record will be enough by davidwr · · Score: 2, Insightful

    Unless it's sealed or marked "actually innocent," he'll have a hard time getting any job in any position of trust.

    Heck, he may even be barred from volunteering at his child's school as long as this information is public.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  75. Who modded this funny? by davidwr · · Score: 1

    I find it informative and insightful.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  76. Re:It was Windows, of course. by dedazo · · Score: 0, Flamebait
    You've tried this before, with the usual negative results.

    Certainly the AC was trolling, since nowhere in the article was Linux mentioned. But Windows can be perfectly secure if you want it to, which means that your tired claims and bizarre tie-ins with unrelated conspiracy theories are as usual no more than empty "advocacy" that helps no one and just serves to bury more of your accounts in the appropriate karma holes.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  77. Re:Lawyer: This, boys and girls, is why . . . by 1u3hr · · Score: 1
    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that?

    From reading TFA, it seems seems they weren't "hidden", but just not displayed. There were a bunch of programs that continuously surfed sites in the background, in the process leaving the incriminating images in the cache. Possibly some malware that earns money per click on given websites. If you've ever surfed porn, you know that you can get a flood of popups from "affiliate" sites. It's like spam, to earn the spammer a tiny fraction of a cent per person spammed they'll cheerfully use all your resources and make your life hell.

    And we have no idea if it really was "kiddie porn". Lots of porn sites advertise "barely legal", "schoolgirl", and YOUNG!!! and have skinny girls in pigtails with teddy bears, but the small print all says they're over 18 (sure they could lie, but some are American or European based and would he raided in a moment if they were really displaying kiddie porn).

  78. so is this what happens by Anonymous Coward · · Score: 0

    When you have non-tech morons in charge of the IT department? this just seems typical of Big business

  79. Re:Lawyer: This, boys and girls, is why . . . by 1u3hr · · Score: 2, Informative
    If the intersection of child porn distributors and malware authors is larger than 0, the malware author may have written the malware to distribute the child porn. Or to keep it in circulation to gain later access to it, etc.

    That would really be insanely stupid considering the hysteria kiddie porn provokes. If he wanted to just store it, encrypt it and it's 100% safe. Stash it in a folder on a innocent DVDR; etc, etc. Anyone capable of creating malware certainly knows how to do this, and not risk having a FBI team break down his door next week.

    I think the guys who do trade kiddie porn would be extremely paranoid and cautious.The dumb ones would have been caught by now. The idea that these guys are snickering while sending illegal porn to innocent people is as silly as those characterisations of terrorists as "they hate us because we're free". I believe the guy in this case was likely innocent, I think he was just collateral damage from some pay-per-click scam. The porn in his cache was just a side effect of sending his browser around in the background to earn a few cents.

  80. Re:..why Megan's law and "zero tolerance" is tyran by Belial6 · · Score: 5, Insightful

    Yes, Megan's law is obviously intended to incite mob 'justice'. Executions are expensive and socially messy. It is much simpler to 'think of the children', publish the addresses of sex offenders, and hope that some other sicko takes care of the problem for you.

  81. Re:Lawyer: This, boys and girls, is why . . . by robo_mojo · · Score: 1

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that?

    Malware developer is not necessarily the malware user

    Malware developer/user would rather store his incriminating files on someone else's computer (possibly many other computers for added redundancy/security) rather than storing the files on his own computer.

    Malware user makes money from fake clickthroughs to porn sites from the victim's computer.

    Malware user just wants to cause trouble for some random person for no real reason. Think "A Clockwork Orange".

    etc.
  82. Haha by IrritableBeing · · Score: 0

    What a loser downloading porn on his work computer.

  83. Re:..why Megan's law and "zero tolerance" is tyran by Anonymous Coward · · Score: 0
  84. Re:Lawyer: This, boys and girls, is why . . . by 1u3hr · · Score: 1
    It wouldn't surprise me in the least that this could be in use for kiddie porn distribution.

    It wouldn't surprise me. It would ASTONISH me that someone possessing images that could send them to jail for years would randomly distribute them, UNENCRYPTED to a GOVERNMENT EMPLOYEE'S LAPTOP.

    The Internet is awash with Hollywood movies. Sure kids might stash copies of Indy 4 on any random server they can find. Will the FBI raise an eyebrow? Do that with kiddie porn, expect to be in custody by the end of the day.

    If I wanted to distribute stuff that could get me in jail for years, I think I would find $5 per month to have my own server space in China, say, alongside the spammers.

  85. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0
    I am not impressed that you like helping statistically rare and sad cases by working regularly to free guilty, evil men at great profit to yourself.

    Were this particular man guilty, you'd try getting him off anyway, whatever pain re-inflicted on the victims.

  86. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Lawyers represent guilty scum because they are guilty scum. Oh, and they also go to court on the behalf of other guilty scum as well.

  87. Anonymous Coward by Anonymous Coward · · Score: 0

    Anonymous coward....whatever

    I am curious if the laptop came from dell?
    I've actually encountered A laptop with the same sick content....It came from Dell. It was also "refurbished". It was actually quite difficult to remove all the obscene data, It had been saved to various temp locations within Vista. I am sure it was some type of malware program using lime-wire for distribution. Considering every filename was VERY long, with more than one extension, (NO ONE saves a file like that),and also that fact that the owner is nearly computer illiterate and could not have found these hidden temp folders on his own, I am convinced the current owner was not at fault.......As for the guy (in Massachusetts) who was fired, I believe he was mistreated horribly. Were as the content was offensive and against company policy, there is something called due process. If innocent, and it COULD be proven (either for or against him) He should be given his job back, with back pay. If the company wants to whine about that, I would suggest suing the company who "refurbished" the laptop.
    p.s. ....not a lawyer....

  88. I reject your logic. by Anonymous Coward · · Score: 0

    No, I think making things illegal does slow them down significantly. Sure, there's still crime, but that's hardly an excuse to do nothing.

    People make a choice to do something. In this case, choosing to produce such materials suggests that they want to more than that it's a black-market, financial decision.

  89. The real problem by ChameleonDave · · Score: 1

    Hang on.

    This was a laptop, right? Not a computer sitting in his office. There is no reason to suppose that any of the alleged porn-surfing was done on company time.

    How is it misuse then? Looking at sexy pictures doesn't harm the computer or the company at all. Do they also fire people for using their company laptop, at home and on their own time, for browsing Slashdot or eBay?

    You don't even need any malware on your machine to end up with erotic images in your temporary files. I have browsed sites looking for cracks for games, and had porn ads appear. Those images will have been cached somewhere.

    The problem is not with failing to wipe the drives between users, or failing to use an anti-virus, or failing to use an ad-blocker, or failing to flush out your temporary files. Non-techie users can't be expected to do such things, and they shouldn't be necessary.

    The problem is with companies who think that they can (ab)use the fact that the hardware belongs to them, in order to interfere with employees' private lives. If they do this as a pretext to rid themselves of an unwanted employee, then they are evil. If they do this and fire an employee whose work they were happy with, then they are utter morons.

    Secondary problems include (a) the mistaken idea that files in the cache prove intent to view certain content; (b) the current hysteria about "kiddie porn".

    1. Re:The real problem by cyberchuck.nz · · Score: 1

      This was a laptop, right? Not a computer sitting in his office. There is no reason to suppose that any of the alleged porn-surfing was done on company time.

      How is it misuse then? Looking at sexy pictures doesn't harm the computer or the company at all. Do they also fire people for using their company laptop, at home and on their own time, for browsing Slashdot or eBay?

      This is a problem we had in the company I work at.
      Looking into it, we actually learnt that Microsoft ISA does its logging in UTC and we concluded that although it was possible the staff involved were browsing porn, it was done on personal time. Although it was a company laptop, the porn was browsed on personal time and so we said "Hey - look, can you not do this on company equipment?"

      What is hard is proving intent.
      Although you can prove that a website was browsed at a particular time (using proxy logs), you cannot easily prove intent. What's the difference between a person browsing porn and someone going to a dodgy (cracks/warez/etc) site and accidentally getting porn in the process? You can generally get an idea based on the number of hits a site gets, along with how long they spend on the site (or how many links they follow), but once more - you can not easily prove intent.

      This is why we just blacklist at the proxy level - if they can't get to the websites, we don't have to worry about proving intent or informing management
    2. Re:The real problem by ChameleonDave · · Score: 1

      Indeed, you have to prove intent. Sadly, too many companies do not care at all about intent. They just want an excuse to give you the sack.

      Here's an anecdote, which is part of the reason why this sort of thing angers me. When I was working at the Italian branch of a famous cola manufacturer, a top exec told me that their IT guys often found traces of porn on company computers. But they didn't fire the offender straight away. They just put it on a secret file. Later, if they decided they wanted to get rid of that employee without all the hassle related to firing, they'd say "oh look what we've just found!" and fire the guy on the basis that he'd violated the contract.

      That sort of dishonesty makes me sick.

    3. Re:The real problem by UnknowingFool · · Score: 1

      This was a laptop, right? Not a computer sitting in his office. There is no reason to suppose that any of the alleged porn-surfing was done on company time.

      Here are some details:

      • The laptop was a replacement laptop. Some else had it before Mr. Fiola.
      • It appears that the laptop was not configured to receive security updates correctly as it was still assuming the previous user was to receive updates.
      • The antivirus software had been crippled due to the viruses, the bad configuration, or both.
      • The malware was connected to the previous user as it loaded the files under his/her cache.
      • Mr. Fiola's job required him to be in the field and file his reports from the field meaning he might have been going into unsecured wireless and wired networks.
      • Mr. Fiola, like many 53 year olds, is not computer savvy. "Hunt and peck" was what was used to describe him.
      • The malware's intent was not kiddie porn itself but appeared to be a generic porn loader. Most likely it was used to boost up revenue via pay per click.
      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  90. Re:Lawyer: This, boys and girls, is why . . . by vux984 · · Score: 1

    If I wanted to distribute stuff that could get me in jail for years, I think I would find $5 per month to have my own server space in China, say, alongside the spammers.

    But that would leave records...

    Will the FBI raise an eyebrow? Do that with kiddie porn, expect to be in custody by the end of the day.

    You have a much higher opinion of the FBI than is warranted.

  91. And micro$oft destroys another family by coagen · · Score: 0, Troll

    Dear Massachusetts Department of Industrial Accidents,

    As you can see, with your assistance, micro$oft has destroyed another family with their OS monopoly.

    Did you ever study history and read about the complicit Germans who allowed the Nazis to murder millions of Jews or about the complicit southern citizens of the southern United States after the civil war that just stood by as the KKK murdered so many black citizens. This is YOU. You allowed your own employee to be tainted and tarnished by your accusal without even examining the evidence. Even though he was subsequently proven innocent, somehow beyond all audacity, you continue to "stand by your decision" as you were complicit in allowing flawed micro$oft software to paint an innocent man guilty.

    As implicated by the forensic study, it was the responsibility of the IT department to "update" the micro$oft SMS server on the laptop so that the laptop would be get proper security updates.

    But who is the real criminal here? The man now proven innocent? No. The irresponsible IT department? Maybe. The criminal extortion racket based in Redmond, WA who built an insecure OS that destroys families with its built in malware vulnerabilities? Yes, obviously.

    This kind of problem where a computer is invaded by rogue malware is a window$ problem. This is exactly what happens when you use closed-source software that is designed by a criminal monopoly.

    Had the IT department deployed secure Linux based laptops this would have never happened. This is exactly why I never allow micro$oft "crippleware" on any computer in my home or my personal system at work (I'm working on converting the rest). Congratulations,
    Keep up the good work destroying families and lives just like the Nazis and the KKK.

  92. Re:Lawyer: This, boys and girls, is why . . . by Arslan+ibn+Da'ud · · Score: 1

    1. Contact pornmonger running download-for-$ website
    2. Contact black hat managing botnet
    3. Pay black hat $ to instruct botnet to buy porn from website
    4. Collect $$ from pornomonger
    5. Profit!

    --

    Practice Kind Randomness and Beautiful Acts of Nonsense.

  93. at will == no job security by pentalive · · Score: 1

    Yeah, I live in CA - an "At Will" state. It's like this, they can fire you any time they want without even telling you why, for any reason, even a made up one.

    Oh, and you can quit without notice too. (wup)

    1. Re:at will == no job security by tompaulco · · Score: 1

      Oh, and you can quit without notice too.
      But if you quit without notice, that is "unprofessional" and may get you blacklisted locally. However, if they fire you without notice, well that's just business. My last company fired 10 people with only an e-mail notice, and they didn't get the notice because the company locked their e-mail accounts. Then I quit with no notice and they acted like I was some kind of backstabber and to punish me, they refused to pay me my unused vacation time.

      --
      If you are not allowed to question your government then the government has answered your question.
    2. Re:at will == no job security by cerberusss · · Score: 1

      company fired 10 people with only an e-mail notice (...) Then I quit with no notice and they acted like I was some kind of backstabber and to punish me, they refused to pay me my unused vacation time.
      I don't see a direct connection between those 10 people and you. Personally, I would make up the balance how I myself was treated by the company and then decide how I would quit. It's not that I don't care about those 10, it's just that it's hard to have all the ins and outs in such situations.
      --
      8 of 13 people found this answer helpful. Did you?
    3. Re:at will == no job security by tompaulco · · Score: 1

      I don't see a direct connection between those 10 people and you.
      The direct connection was that we were all on the same team. The company felt they could run the project with just me and one other guy. My feelings were that if the company felt like they could run it with just the other guy then I would have gotten a zero notice eviction as well. So I felt justified in giving them exactly the same amount of notice as they would have given me. However, they let me know that I was unprofessional and took away my unused vacation days as punishment.

      --
      If you are not allowed to question your government then the government has answered your question.
    4. Re:at will == no job security by cerberusss · · Score: 1

      My feelings were that if the company felt like they could run it with just the other guy then I would have gotten a zero notice eviction as well.
      OK I see your side -- do you want to work for a company like that? I guess not. Ironic however, them using the label "unprofessional"....
      --
      8 of 13 people found this answer helpful. Did you?
  94. Re:I submitted to the Firehose at 6PM! on the 18th by davidsyes · · Score: 1

    OK, this is now starting to feel like bastardly smarmyism. Not one of da boyz so not gonna get posted... maybe after two days this little prick will forget he posted to the firehose, but he's got excellent karma on the panel, but script-blacklisted from getting published.

    Hmmm....

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  95. Not thinking of the children by Roger+W+Moore · · Score: 1

    It is much simpler to 'think of the children'
    If they were really thinking of the children and believed these guys to be in danger of re-offending then, as the original poster says, they should never let them out of prison. Vigilante "justice" may eventually take care of the problem but in the meantime you have someone likely to molest children running around. So why not 'think of the children' and not let back out into society, especially if you are going to completely prevent any possibility of them reintegrating.
    1. Re:Not thinking of the children by Belial6 · · Score: 2, Insightful

      I think your sarcasm detector is off a little. The reason that 'Think of the children' is in quotes is because we all know that what it really means is pander for more votes.

    2. Re:Not thinking of the children by Roger+W+Moore · · Score: 1

      I know what it means. However it is usually used to as a sarcastic argument to justify some crazy restriction on rights. Unusually here there is an action they could take which would in some sense be even more restrictive and yet make far more logic AND win more votes...and yet strangely they have not done it.

  96. The Truth (TM) by Gary+W.+Longsine · · Score: 5, Interesting

    Firing people based on things that happened on an infected PC is the modern equivalent of shouting burn the witch!

    The truth is that this can happen. The truth is that so many corporate desktop and laptop systems are p0wn3d by th3m that it isn't even funny.

    The truth is that event logging on these networks and systems are insufficiently detailed as to demonstrate conclusively which actually happened. Any logging that does take place on a system probably can't show you wether the user was responsible, or if an automated program pretending to be the user was responsible. Any corporation that gives a users a typical Windows system and then holds that user responsible when something untoward happens on that system ought to be opening themselves up to a lawsuit.

    The truth is that even the the lawyers who advised not to talk about the reasons for dismissal don't recognize this. They prohibit discussion of the details regarding the dismissal of the employee for reasons entirely unrelated to the issue of being entirely unable to conclusively substantiate any accusations which would be made. (It's standard dismissal policy at all of the Fortune 500 to not give any reason). In general, employees, managers, lawyers and judges are completely unprepared to assess the details which would expose the fact that nobody can actually prove that this unfortunate person was probably the victim of some botmaster's prank. People should be surprised that this doesn't happen more often.

    That said, there are things one can look at to determine what was *likely* to have happened on that box, and one can assess to some degree what things were relatively more likely than others. If the box was running malware, though, the most likely outcome is that one cannot demonstrate beyond a reasonable doubt that the user was guilty. However, one can, in some cases, demonstrate innocence, by showing, for example, that a given download occurred when the user was away from the keyboard.

    It's important to note that the converse is not true. The malware can easily mimic user behavior by performing user style tasks only when the user is logged in. Malware may, for example, have incentive to operate only when a real user is logged in, because certain operations in certain environments are unlikely to succeed if the user is not logged in (being stopped, and identified as likely malware behavior by a 3rd party heuristic detection system, for example.) Malware often does change its behavior based on instructions from the outside, based on the day or the time, based on all sorts of things, and may not behave the same in an isolated test lab as it does "in the wild" so it can be difficult or impossible to demonstrate the full capability of a given strain, even if you have a copy of it.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
    1. Re:The Truth (TM) by TheCarp · · Score: 1

      A person that I know very well does this sort of forensics, and since he is currently working on a very high profile case (which has not resolved yet), I am going to be careful here, but these issues are very very real.

      I have seen him going back and forth with the lawyers simply because they were having trouble understanding the data he was giving them and seriously expecting he could tell a lot more from the data than he really could.

      They wanted to know information about websites and how much time a user of the computer spent on each site etc. Of course, the data left behind is cookies and caches and history.... how do you differenciate between a popup for "alt.com" and spending three hours there when the log shows 3 entries for the site over the course of the three hours because...its logging history of what sites you visited, not what transactions you performed.

      Never mind differenciating between user access and automated program access etc.

      Some of their techniques are very good, imaging pristine hard drives, indexing them, etc. Tools that log what you do so you can build a report. Using virtual machines to actually "run" a persons desktop to experience the users experience, then blow it away and run it again from a pristine copy of the image. etc.

      However in the end, the OS and Apps are not setup to do this sort of logging. There is still a fair amount of black are art and interpretation there.

      Oh yah, and some lawyers are real pricks when they don't understand things too.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    2. Re:The Truth (TM) by kesuki · · Score: 1

      when there is a Backdoor.exe on the system that downloads pr0n everytime a net connection is enabled, that's almost as good as a DNA fingerprinting to proove that that MR so and so is innocent.

      So the moral of the story? if you're going to download kiddy porn at work, r00t your system with a nice backdoor, that does the same.

      great, now all the pedos can still dl porn, but someone caught in a tubgirl/goatse redirect has nothing to protect them from being fired.

  97. Its called "the greater good" by voss · · Score: 4, Insightful

    As long hes a decent guy...

    By bringing it to his attention
    1) You save the company a competent employee
    2) Discourage him from doing it again
    3) You demonstrate your personal loyalty to an up and coming executive.

    The question you have to answer, is did the employees actions harm the company
    in a non-trivial manner? I assume the answer is no. There are many things users
    do that waste time, most of which are trivial and do not actively cost the company money.
    If the cost of stopping these trivial things exceeds the benefits then you tolerate it and move on.

    I would be more concerned about the use of a "firewall/lan bypass device" than the content itself.

    1. Re:Its called "the greater good" by Henry+V+.009 · · Score: 5, Insightful

      4) You own him until he leaves the company.

    2. Re:Its called "the greater good" by binaryspiral · · Score: 2, Interesting

      He owns him until he wipes the laptop... then all evidence is gone.

      After that, it's your word against his.

    3. Re:Its called "the greater good" by Kreigaffe · · Score: 1

      Unless the wipe is never *actually* done, come on now.

      You can tell him it's been done, and fake your way through it if he wants to check afterwards. Only if he wants to do it himself do you no longer have an out..

      but if you can fake the wipe, and then abuse the dirt you have on him for perks, you've gotta make sure that dirt can re-appear when he finally wakes up and realizes it's a word-against-word situation.

      That's when you pop out with the "Oh.. yanno, I think I wiped this laptop incorrectly. Geez I must be dumb, huh?"

      Come on now -- you people aren't thinking deviously enough.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    4. Re:Its called "the greater good" by Corporate+Troll · · Score: 1

      Ehm.... Not really: exchange the harddisk with a spare. Document the process with pictures and serial numbers.

      I'd do exactly that.

    5. Re:Its called "the greater good" by vuffi_raa · · Score: 2, Interesting

      Ehm.... Not really: exchange the harddisk with a spare. Document the process with pictures and serial numbers. for what purpose- that would not hold up in court- you would need to provide chain of custody- otherwise you could be liable for any number of things by both the company you work for and the person who was surfing porn.
      I work in this field- extracting metadata and tracking chain of custody on relevant electronic documents for court use- when someone who is not informed in the field tries to do something like this it usually ends up in the court throwing out evidence.
    6. Re:Its called "the greater good" by Jimbob+The+Mighty · · Score: 0

      The question you have to answer, is did the employees actions harm the company in a non-trivial manner? I assume the answer is no. There are many things users do that waste time, most of which are trivial and do not actively cost the company money.
      You mean like Slashdotting?
    7. Re:Its called "the greater good" by Corporate+Troll · · Score: 1

      Well... You see, you know that, I know that... but he might not. Get the picture?

    8. Re:Its called "the greater good" by Killjoy_NL · · Score: 1

      Just make a backup image then :P

      --
      This is the sig that says NI (again)
    9. Re:Its called "the greater good" by Jodka · · Score: 1

      There are many things users do that waste time, most of which are trivial and do not actively cost the company money. You mean like reading Slashdot at work?
      --
      Ceci n'est pas une signature.
    10. Re:Its called "the greater good" by vuffi_raa · · Score: 1

      true- but i am always of the mindset of "cover your ass" when you do things like that- but maybe that's why I work in legal

  98. Re:Lawyer: This, boys and girls, is why . . . by pentalive · · Score: 1

    A lot of malware today is makes your machine a zombie. It makes your machine do things for the zombie master - like send spam, DDOS other computers or act as a part of a P2P network, carrying all kinds of stuff (including porn).

  99. Re:..why Megan's law and "zero tolerance" is tyran by bluefoxlucid · · Score: 4, Insightful

    We had an earlier article about a guy who was listed as a sex offender for raping a 30-40 year old woman, and when he moved a crazy neighbor killed him in a week "because I want my daughter to be safe." Preemptive removal of potential child rapist.

    Note his daughter was 11. He saw him on the sex offender list and thought "kiddy fucker" immediately, not "rape" or "mild sexual harassment" (which can get you there too, with a little work).

  100. Re:Lawyer: This, boys and girls, is why . . . by Anonymous+Cowpat · · Score: 1

    But some lawyers are themselves scum who try to have innocent non-scum sent to prison, even after they've been shown that it's unlikely that a crime ever existed, let alone that the widow that they're going after like rabid attack dogs is no more likely to be guilty than anyone else (if, indeed, there ever was a crime).

    The whole system is a mess

    --
    FGD 135
  101. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    There's a porn flick called A Clockwork Orgy

  102. That makes no sense. by jotaeleemeese · · Score: 1

    Imaging a master disk is a very simple task that ensures machines are clean and up to date.

    I am beginning to believe that you should re-imagine any laptop every 6 months or thereabouts as a matter of policy.

    --
    IANAL but write like a drunk one.
  103. Re:Lawyer: This, boys and girls, is why . . . by 1u3hr · · Score: 1
    You have a much higher opinion of the FBI than is warranted.

    Maybe you could get away with it a few times. The risk and penalties are so extreme I wouldn't chance it for no reason (and there is no rational reason for doing so). Depositing evidence on a government computer is pretty foolish, no matter how incompetent you believe the FBI are.

  104. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    I am a lawyer, but this is not legal advice. If you need legal advice, the attorney in this story might be a good choice . . . (but I cannot endorse him).

    This, in a nutshell, is why lawyer's represent guilty scum.

    Sometimes, it turns out, they are neither . . .

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? I really can't fault the emploeyr for not considering such an idea and investigating it.

    The defense attorney, though, is to advocate for his client, even if the client claims seem far-fetched.

    hawk, esq. If you are skeptical of such software, then you obviously have no experience in the computer industry.

    There are all kinds of porn downloaders, viruses, and malware that load a computer with porn.
  105. Re:Lawyer: This, boys and girls, is why . . . by bluefoxlucid · · Score: 2, Informative

    Lawyers represent the guilty because A) you may be guilty but we need to make sure your sentence is reasonable (a lot of people would like to hang a man for showing a kid his penis); and B) You might actually not be guilty.

    In old country, court used to mean you had no representation (lawyer), the prosecution made whatever wild claims it likes, and then they lock you up. End of story. Guilty or not, you get a fighting chance BECAUSE the alternative is we send men in black to your house and throw you in jail after a cute little show just because we don't like you.

    Think Salem Witch Trials, nobody had any real defense, all accusations were absolute indications of guilt. This is what happens when you take away the right of the (presumed) guilty to defend themselves.

  106. Re:Lawyer: This, boys and girls, is why . . . by notnAP · · Score: 1
    I am a lawyer, but this is not legal advice. If you need legal advice, the attorney in this story might be a good choice . . . (but I cannot endorse him).

    After that sentence, I have absolutely no doubt that you are, indeed, a lawyer.

  107. Sue, sue sue. by swschrad · · Score: 2, Insightful

    Sue, sue sue. Sue. this was malfeasance on the part of the IT folks who were supposed to have sanitized the laptop (most shops reimage them) and a kangaroo court in all respects.

    Sue the state for full re-employable reinstatement, back this and that, damage to reputation internationally, pain and suffering, cracks in the sidewalk, and anything else.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  108. Platform not really relevant by Gary+W.+Longsine · · Score: 1

    The odds are good that the system in question was Windows based. However, that doesn't really change too much. Any p0wn3d box leads to the same situation. You really can't prove what happened on the box, to any high degree of confidence. The user could be innocent.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
    1. Re:Platform not really relevant by dedazo · · Score: 1

      The odds are good that the system in question was Windows based.

      Undoubtedly.

      However, that doesn't really change too much. Any p0wn3d box leads to the same situation.

      Exactly my point. More specifically, any box can be p0wn3d given enough lack of attention to security. By the people who are responsible for maintaining the box, and to a lesser extent, the user itself.

      The user could be innocent.

      I think he was.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  109. It's actually not that uncommon by phorm · · Score: 1

    I've worked in two places where servers (which, despite being a sysadmin, weren't under my watch) were hacked. In both cases, the machines that were compromised has oodles of pirated software and porn uploaded. In the case of the first one, it wouldn't be a terribly bad guess that much of the latter was illegal as well.
    So why would a "virus" plant these files? Well, it might not, but what it might do is make your machine into a convenient fileserver or open-proxy for those that wanted to download or view such material.

    1. Re:It's actually not that uncommon by Tony+Hoyle · · Score: 0

      Since the laptop was presumably in a private network and didn't have a public IP that wouldn't make a lot of sense - it couldn't serve anything.

      Even most home users are safe from this kind of attack... pretty much the only way to leave yourself that vulnerable is to enable upnp, and even non-techies generally know that's a bad idea.

    2. Re:It's actually not that uncommon by phorm · · Score: 1

      When the laptop is at home it's on a private network. However, that's not always the case when the laptop is abroad (though it usually is).

  110. Other reasons by Gary+W.+Longsine · · Score: 1

    Malware is sometimes used to set up web sites. You might have heard the term "phishing". Sometimes these sites are fake bank sites used in scams to lure people to give up their credit card and other identity information. Long before phishing, compromised boxes were often used to host ftp or web servers to distribute pirated software or pornography.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  111. Re:Lawyer: This, boys and girls, is why . . . by ralphdaugherty · · Score: 1

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? I really can't fault the employer for not considering such an idea and investigating it.

          Your skepticism appears to be based on the intent of the malware to be doing this for the user of the computer, therefore if "hidden" (or rather, not obvious to the user and probably literally using the Windows hidden file attribute) then that would not be of any financial benefit to the porn source. In other words, makes no sense to set up malware to do that.

          There are a few factors which need to be known for it make sense.

          One is that child porn distribution can't be done from a web server account in one's name, otherwise as soon as its location is determined the account owner is arrested.

          Sort of like having drugs smuggled by unsuspecting people, placing illegal content on someone else's computer gets the computer owner any trouble, example this guy.

          How does a computer get chosen for this? When it becomes part of a botnet. How does it become part of a botnet? Well, for example, a recent SQL Server exploit alone infected half a million web pages over a weekend with malware which attempts to make the computer part of a botnet. Unknown how many computers were protected enough to keep from succumbing, but botnets grow into the millions of PC's with exploits like that.

          I get automated attempts at registration on my website night and day from botnet PC's. Believe me, they run the gamut of home PC's on cable internet, schools, business, government, everything you can imagine everywhere. And more are added every day, all over the world. People have no clue what their PC's are doing.

          Another factor little known and understood is that once the PC is taken over, communications is by sockets from the malware to their bot network controllers. It has nothing to do with what a person is doing with their browser, other than the malware logging keystrokes and sending off to the botnet owners to be analyzed for account logins, say to your bank, or credit card payments, etc. Not to mention logins to other networks which they now are able to compromise using the account authorities, say the government, research institutions, financial institutions, defense facilities, etc.

          Sockets transmission is used to do whatever they want. How about using the computer as a child porn server?

          Bingo. Problem now understood, but not solved.

      rd

  112. only one type of malware by Gary+W.+Longsine · · Score: 1

    Well, modern malware is typically modular, and does all of these things, and more. If a new function desired by the botmaster comes along, it just fetches a new module or updates itself.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  113. Re:Lawyer: This, boys and girls, is why . . . by jc42 · · Score: 4, Informative

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that?

    Why would it matter whether you believe someone might have a motive? I don't understand why people might commit all sorts of crimes, because I'd never do that. But some people commit those crimes anyway. Lots of people have motives to frame others for crimes.

    In any case, on to methods. I have a demo on my web site of how to do "preloading" in javascript. Is javascript enabled in your browser? If so, my demo shows how I can create a web page that quietly downloads images from arbitrary URLs, without showing them to you. This may be used to load those images into your browser's cache. It has valid uses, such as to speed up subsequent downloading of other pages from my site which use those images. But I can just as easily fill your browser's cache with porn. Unless you know how to scan your browser's cache (or have the sense to purge it frequently), you'll never know what I've done to you. My code (actually my web server) also tells me your IP address, which I can use to send the authorities in to examine your browser's cache.

    I'd be willing to testify in court how easy this is. And give the court a copy of my code (though they could easily download it from my web site ;-).

    And yes, I usually do browse with scripting disabled. This was typed into a Firefox 3.0 window, which has the NoScripts extension installed. My demo code won't work against me.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  114. introductions by Gary+W.+Longsine · · Score: 1

    News of Mr. Sarcasm's death has been greatly exaggerated.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  115. Re:do you remember? by Anonymous Coward · · Score: 0

    -1, Stoned.

  116. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    In addition to the other comments, I would like to point out that a lot of malware will randomly open a users page to advertisements, which frequently advertise such things as porn and warez. After all, these guys can't advertise through standard venues. I didn't RTFA so I don't know if that's the kind of malware they found, but they DID say they found it in his temp files which is where it would be in that case.

  117. Re:..why Megan's law and "zero tolerance" is tyran by Anonymous Coward · · Score: 0

    I say castrate the pedophiles. Can't be cruel or unusual given the 5th amendment's clause on double jeopardy. It mentions life or limb. Which also brings up a side note, jeopardy of liberty is NOT relevant for double jeopardy. Why? Because the clause only mentions life or limb. Liberty is a separate issue. That is clear from the a later clause that mentions due process when life, liberty or property is at stake.

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  118. arms race for traffic boosting via botnets by Gary+W.+Longsine · · Score: 1

    " What they're describing sounds like malware intended to run up the traffic rankings of a site. If so, why was it gathering pictures too? Poorly coded? It wastes more bandwidth to pull the entire rendering of the page, than just the HTML and JS. While conserving bandwidth isn't high on the priority list, to keep from being noticed, and to keep their efficiency up, the virus writer would do what they could to keep their impact low."
    They don't care about wasting bandwidth, really. Perhaps the traffic monitor they were trying to spoof was smart enough to tell full page loads apart from the previous generation of fake traffic generators.
    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
    1. Re:arms race for traffic boosting via botnets by Terrasque · · Score: 1
      Or, my theory, they could just have been lazy. Pseudocode:

      ie = start_ie(window=hidden)
      ie.open_url("http://www.hotgrits.com/index.php?ref=AS24X2J")
      wait(60)
      ie.close() All the functionality of a web browser, almost none of the work.
      It would also have bonuses, like different browser ident strings,
      tracking cookies, and well.. being an actual browser.
      --
      It's The Golden Rule: "He who has the gold makes the rules."
  119. the child porn was not visible to naked eye by commodoresloat · · Score: 2, Funny
    From the summary:

    Computer forensic analyst Tami Loehrs, who spent a month dissecting the computer for the defense, explained in a 30-page report that the laptop was running corrupted virus-protection software, and Fiola was hit by spammers and crackers bombarding its memory with images of incest and pre-teen porn not visible to the naked eye. Of course, there's a lesson in this. If you're going to surf for porn and you actually want to see it, you must clothe your eyes.
  120. Re:Lawyer: This, boys and girls, is why . . . by Jah-Wren+Ryel · · Score: 2, Interesting

    I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? Because the original author of the malware is duking it out with his competitors and they have compromised his system enough to replace the periodic download and display of regular 'pornado' images with an accelerated rate of downloading a whole new set of images. Essentially a denial-of-service attack aimed at both the bots and the bots' servers.
    --
    When information is power, privacy is freedom.
  121. of course he won't get his job back. by DragonTHC · · Score: 2, Interesting

    His employers can never be certain that it wasn't him, despite professional computer security experts testifying to the fact.

    This is what happens when you assume your system is protected.

    It certainly wasn't his job to ensure the machine had functioning anti-virus software. It was some other person's job, and they didn't do it.

    --
    They're using their grammar skills there.
  122. Re:..why Megan's law and "zero tolerance" is tyran by tompaulco · · Score: 2, Insightful

    I say castrate the pedophiles
    Just to clarify, do you mean the dictionary definition of pedophile, ie, an adult that likes to molest children, or the legal definition of pedophile, ie, someone who is 18 or greater and is unfortunate enough that their sexual partner is only 18 minus iota and/or someone who likes their 30 year old wife to wear pigtails and short skirts.

    --
    If you are not allowed to question your government then the government has answered your question.
  123. You're not entitled to the truth! by Anonymous Coward · · Score: 0

    I was fired much like this (hence the anonymous posting). After four years of doing an exemplary job, going above and beyond, and saving my boss' ass (both in delivering when she promised the nearly-impossible without asking, and covering for her general incompetence as both a manager and a technical expert) on at least a monthly basis, I was summarily fired for no stated reason. Just "this is at-will employment, and we are terminating it". Sure, I took the occasional pad of paper home, and read /. on he job when I got bored and had time for it. But nothing deserving of more than a gentle "cut that out". I get all the porn I want at home; who'd need to download it at work, on a company machine? But somebody thought that I'd done something horrible, and I was fired. I got none of the basic rights that you get in a U.S. court of law: being informed of the charges, reviewing the evidence, an opportunity to challenge the assusation (let alone the accuser). I consulted an attorney, but he couldn't do anything for me. (I'm just barely old enough to file suit for age discrimination, but it obviously wasn't that. He couldn't find any other basis to challenge it.) In the U.S. employees have no rights except those spelled out in specific non-discrimination and workplace-safety laws... certainly not the right to justice.

    I protested my innocence, and begged to be told what they thought I'd done. I was offered one chance: they'd tell me, but then they'd go public with it. Maybe they thought I stole something. Maybe they thought I'd sexually harassed someone. Maybe they thought I'd been surfing porn. Maybe my boss got scared that I was going to stop covering for her and made something up. Any of which I could mount a defense against. But some of them could have involved criminal charges as well, which scared the hell out of me, because I don't fully trust the criminal justice system. And maybe they were going to accuse me of downloading kiddie porn, and it's impossible to be exonerated of that: even if the court says "not guilty", your life as you knew it is over. I couldn't take that chance, so I passed.

    1. Re:You're not entitled to the truth! by ArsenneLupin · · Score: 2, Funny

      I protested my innocence, and begged to be told what they thought I'd done. I was offered one chance: they'd tell me, but then they'd go public with it. Maybe they thought I stole something. Maybe they thought I'd sexually harassed someone. Maybe they thought I'd been surfing porn. Maybe my boss got scared that I was going to stop covering for her and made something up. Any of which I could mount a defense against. But some of them could have involved criminal charges as well, which scared the hell out of me, because I don't fully trust the criminal justice system. And maybe they were going to accuse me of downloading kiddie porn, and it's impossible to be exonerated of that: even if the court says "not guilty", your life as you knew it is over. I couldn't take that chance, so I passed. That's where you strike back with the same weapons. Go to police, file charges that you saw kiddy porn on your manager's screen when you happened to walk in for some question. When asked whether you have any more evidence, say "unfortunately not", you were fired before you could gather any / find other witnesses.

      That will probably be too flimsy to sue, but you'll get a nice receipt for your deposition which you can trot out if ever any prospective employer ask why you were fired.

      Turnaround is fair-play.

  124. 40 sites per minute? by darkvizier · · Score: 2, Insightful

    Why write malware, they could sell that!

  125. Hmm, nice case of slander then.. by cheros · · Score: 1

    That's a cute way to get very deep into trouble, because they have accused him of being a child porn lover.

    To sum up:

    - slander
    - entrapment
    - sexual harassment by exposure to xxx material

    That's quite a meal - any lawyer would have a filed day with that - like shooting fish in a barrel.

    The lesson: archive a box, then re-image it. If data needs to be recycled, someone must be in charge of checking this first (and I pity the sod who has to do that if the company doesn't have clear data management strategies).

    This could be very costly for the company.

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  126. 'dd' is not the Linux counterpart to ghost by Burz · · Score: 2, Insightful

    The 'partimage' program is. You could also check out 'g4l' which is the same idea.

    In any case where you have 80+ GB partitions that are mostly empty, which is most of the time, dd results in wait times (and space requirements on the destination) that are simply unacceptable and a huge waste IMO. The drives will also tend to become rather warm and stay that way for too long.

    1. Re:'dd' is not the Linux counterpart to ghost by Frank+T.+Lofaro+Jr. · · Score: 1

      The drives will also tend to become rather warm and stay that way for too long.

      Huh? If a drive burns out just from continous usage it is junk to begin with.

      File servers are often in continous usage with a lot of seeking, at least dd will do minium seeking (sequential access).

      --
      Just because it CAN be done, doesn't mean it should!
    2. Re:'dd' is not the Linux counterpart to ghost by SanityInAnarchy · · Score: 1
      That's why I mentioned ntfsclone. Or, in cases where I don't know how big the drive I restore to will be, ntfsresize as low as it will go, dd that, then resize it to fit the partition.

      Also, depending on the entropy of that free space, modify it "dd | gzip" and it works.

      For Linux partitions, I'd use tar, so again, I assert that not having Ghost is a terrible excuse, given that free bare-metal backup has been available for forever.

      The drives will also tend to become rather warm and stay that way for too long. Which, if the drives are at all good, that won't hurt them.
      --
      Don't thank God, thank a doctor!
    3. Re:'dd' is not the Linux counterpart to ghost by Burz · · Score: 1

      I disagree. Continuous spinning and continuous writing for days are two very different things.

      YMMV but I've found that drives get much hotter writing sequentially for very long stretches than they would with lots of seeking (and its almost a certainty that caching will be reducing seeking anyway).

    4. Re:'dd' is not the Linux counterpart to ghost by Burz · · Score: 1

      tar is still a good choice. combined with sfdisk for storing/restoring partition structure, and you have functionality similar to ghost. In fact, I'd say that later versions of ghost stopped behaving like an allocated-block copier and began acting like a file archiver that was able to remember/restore partition parameters.

    5. Re:'dd' is not the Linux counterpart to ghost by SanityInAnarchy · · Score: 1

      tar is still a good choice. For an NTFS partition? Really?

      Let's take it as a given that I will have to reinstall the bootloader. Will it capture the "hidden" flag? Will it capture alternate file streams? How about ACLs?

      I suspect that everything you can do in NTFS, you can also do (to some extent) in Linux. But I'm not sure they map one to one, certainly when mounting -- by default, all files end up being owned by the user who mounted the drive.
      --
      Don't thank God, thank a doctor!
    6. Re:'dd' is not the Linux counterpart to ghost by kesuki · · Score: 1

      then there is ntfsclone... too, part of a larger suite of tools.

      http://man.linux-ntfs.org/ntfsclone.8.html

    7. Re:'dd' is not the Linux counterpart to ghost by Burz · · Score: 1

      No you're right about NTFS. I was thinking in terms of general use on Linux, which is my general-purpose OS.

      As for mapping *nix stuff to NTFS: I thought that Linux required that xattr's be turned on in the filesystem in order to support ACLs, in which case tar should be able to handle ACLs at least on the Linux side. It would not be much of a stretch to have tar store NTFS ACLs using the same extended attributes as on Linux. (or is that too kludgy?)

      After reading around a bit, tar doesn't handle ACLs on its own (though it easily could with a small change). A variant called 'star' is currently required.

  127. Re:Lawyer: This, boys and girls, is why . . . by Thing+1 · · Score: 1

    Providing a layer of protection between the source nad the potential customers? I doubt an ad server serving up illegal images would be alive for very long.

    Interesting. I wonder what ports were open in his laptop, and if it was sending as well as receiving?

    --
    I feel fantastic, and I'm still alive.
  128. other users' porn is another man's... by Anonymous Coward · · Score: 0


    Maybe the previous laptop user left his porn in the drive.

  129. File attributes ? by dbcad7 · · Score: 1
    Don't windows files have, created, modified, and accessed dates on them ? .. wouldn't you be able to tell if the files were even opened after they were installed by these dates ?? .. I would think if he's not opening them, then he is probably not the one who downloaded them (intentionally)

    --
    waiting for ad.doubleclick.net
  130. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Unfortunately, Leurs is an opportunist that argues every time that malware caused the child porn, the defendant did not know it was there and it was there previous to the user getting the computer. What a hack.

  131. I don't put it past the hackers to infect with CP by elucido · · Score: 2, Insightful

    It just seems immensly more likely that he got infected by malware from surfing porn sites, than getting infected by porn from having malware. If there are hackers evil enough to write viruses which literally destroy peoples hard drivers, I don't put it past this breed of hacker to write viruses to infect peoples computers with child porn.

    At this point, having child pornography on your computer is like being infected with a virus, only this virus is child porn. The only way to get it off is to basically reformat your drive. If you were smart your drive was encrypted and that reformat will be the end of it, and if you aren't so smart then there could be traces of child porn (invisible to the naked eye) which could still be on your machine.

    The point is, this guy probably deleted whatever child porn the malware sent to him. Thus it was invisible to the naked eye. Yet that doesn't change the fact that his computer still legally contained the 1s and 0s in a form which is still illegal.

    So while I do think there are pedophiles, I don't think this guy is one of them. And this is the sorta situation that our ridiculous child porn laws create.
  132. Maybe he deleted it. by elucido · · Score: 3, Insightful


    Maybe it was not visible to the naked eye because he deleted it. I don't know, but I can easily see a situation where some script kiddie creates a bot which trolls chatrooms and which sends random users child porn and then sends the feds after them.

    It probably would not take a lot of time to write such a bot, or to trick the typical horny middle aged male to accept a picture of what they think is an adult woman, only to find out later it's child porn. But whats he supposed to do? his computer has been infected.

    So now he has to reformat his entire computer. I can see this being the new WinNuke.

  133. What if someone just sent him the files? by elucido · · Score: 1


    It's not as simple as saying the system was compromised before he got it. The system could have been compromised while in his possession and it still might not be his fault.

    Who's fault is it if some hacker deliberately sends him child porn labeled as regular porn? And what is he supposed to do?

    Sure people like us, we know how to wipe the drive to the point where it's completely deleted and we know about drive encryption mechanisms and all that, but this guy probably does not know this.

    It's easily possible that some evil hacker decided to infect him with CP on purpose as a way to get him fired from his job.

    1. Re:What if someone just sent him the files? by virtual_mps · · Score: 1

      Who's fault is it if some hacker deliberately sends him child porn labeled as regular porn? And what is he supposed to do? (Assuming the US) Check the United States Code, Title 18, 2252A(d)(2).
  134. Legal "slam dunk"? by Mathinker · · Score: 2, Informative

    There's no such thing as a legal "slam dunk". The only person who will certainly make money from suing them is the lawyer himself (unless he takes the case on a percentage-of-settlement basis, of course).

    This whole case would seem to hinge on one forensic expert's testimony, so if I were a lawyer, I'd be a bit leery about considering this an open-and-shut case.

    Still, I wish the guy a lot of luck in setting a precedent that you can't be held accountable in all situations for what your computer does.

    I'm not sure if the guy wasn't lucky that the employer went immediately to start criminal proceedings --- that's the only reason he has a valid forensic analysis of the computer to show. In an ordinary instance of firing, the computer would almost certainly have been reimaged before he could sue to have it analyzed.

    It seems there's room for a law that in cases like this, the employer has to get a forensic snapshot of the computer involved before reimaging it (or be responsible for destroying evidence in any subsequent discovery proceedings).

    1. Re:Legal "slam dunk"? by rtb61 · · Score: 4, Insightful
      Now looking at the legal side is what makes it really interesting. While the end user certainly has a defence, as the computer was infected and was a company/government controlled computer with security features and updates supposedly set and typically the end user has specifically limited (non-administrator) access and control, the network/computer administrator should now be investigated.

      For company/government controlled computers people should not forget that network/computer administrators can quite readily take over users computers and use them for what ever nefarious activities they want to and then blame the poor end user. In this case the administrator really and I mean really fucked up, I mean they found the child porn but missed the viruses et al, what, does the admin get such of kick looking for porn on there users computers that they forget to fulfil the security functions that they are actually paid for.

      While the end user is certainly in the clear, the admin is in real trouble as now somehow they have to prove their innocence as the actual administrator of the infected (by whom ?) computer. Also the admin should be subject to criminal negligence charges as they bore false witness against the user as the admin should have detected the viruses et al prior to bearing witness against the end user, so some really serious stuff and the end user and their lawyer can really go to town on them.

      So the real question for the future is, is it the end user's computer or the system administrator's computer, who has the greater control and hence who has the greater ownership? Running a far more secure OS like Linux will certainly do more to protect computer administrator's from future prosecutions, something to really think about.

      --
      Chaos - everything, everywhere, everywhen
    2. Re:Legal "slam dunk"? by TheLink · · Score: 5, Insightful

      How about stop going around being so trigger happy about sacking and prosecuting people for such "crimes"?

      How about actually following the money trail? Are the malware authors and people putting those images up really doing such stuff for free? Someone must be paying for those ads, the creation of child porn sites etc.

      There are more serious crimes than possession of some image file, especially an image file that is likely to be downloaded by malware.

      Lastly, Linux isn't going to help. The real problem is mass hysteria - lots of people suddenly turning their brains off when they hear a trigger phrase. Sure child porn is bad, but if you really want to fix it, follow the money to the bitter end. Not go around starting stupid witch hunts. The way they do things, I figure it's just a tool for cynical manipulation of a mindless populace.

      --
    3. Re:Legal "slam dunk"? by Devin+Jeanpierre · · Score: 1

      No, this whole case would hinge on the defense's expert testimony, the DA's experts who agreed with that testimony after two forensic investigations, and the DA that dropped the case because he agreed with the three experts. Or so says TFA.

      --
      -Devin Jeanpierre
    4. Re:Legal "slam dunk"? by hey! · · Score: 4, Insightful

      How about stop going around being so trigger happy about sacking and prosecuting people for such "crimes"? For the same reason for any zero tolerance policy. If you didn't fire somebody when something breaks, you'd be responsible for fixing it.

      When something bad happens, and you fire somebody you are, by the strictest interpretation of the words, "doing something about it." It might not be anything effective, but if you don't know what is effective, then "doing something" sounds a lot better than "doing nothing."

      Out of all the ineffective ways of of "doing something", firing somebody is the most attractive, because it localizes the blame in a person who is, or at least in short order will be, outside the organization. It is the solution that shifts the most blame. Since the person is outside the organization, he can't defend himself.

      Unless he lawyers up.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    5. Re:Legal "slam dunk"? by Lumpy · · Score: 2, Insightful

      actually the answer is that the person fired needs to sue the hell out of the company and walk away with 10 years of salary.

      Smacking the company hard like that will discourage the abusive behavior by it's management.

      --
      Do not look at laser with remaining good eye.
    6. Re:Legal "slam dunk"? by hesaigo999ca · · Score: 1

      I have to concur on this one, I tend to be partial to the reality of lack of intelligence of most admins, and this slap in the face would be a swan song for any lawyer trying to set a precedent in court about admins that don't do their jobs!!!

      I wish they were more accountable, we have one here that seems to need a jumper cable to start doing anything he is already paid for, I even tell him how to do stuff and ends up taking the big CHIEF
      to tell him before he does anything!

    7. Re:Legal "slam dunk"? by Anonymous Coward · · Score: 0

      I think in this case it's a government org, so basically it's 10 years salary out of public money.

      The management isn't going to care that much.

    8. Re:Legal "slam dunk"? by slothdude · · Score: 1

      If his lawyer was smart he should walk away with more than 10 years of salary. This was a government job and most people work for state and municipality for the retirement plans. Not only should they factor in how many year he would have worked if he stayed with them till retirement, he needs to add the monthly retirement payments till he is 77.5-80 years old(average life span).

    9. Re:Legal "slam dunk"? by KillerBeeze · · Score: 2

      A few years ago. My brothers computer was infected by a root kit that kept popping up kiddy porn at random and every once in a while it would pop up an ad for a virus/adware company. I tracked down the url to a Russian isp. These are just tactics some use to get you to by there removal tools. Extortion is what I call it. This poor guys problem is that his employer didn't do there job in investigating the complaint thoroughly. If he worked for a corporation , he would surly collect millions, but I understand that he worked for a department of the state of Massachusetts which limits employees right to sue. The state needs to update there policies and procedures on this type of investigation, so it won't happen in the future.

    10. Re:Legal "slam dunk"? by The+FNP · · Score: 1

      It's OK, if the admin is a BOFH, he is dutybound by the code of the BOFH to not leave any witnesses or incriminating log files behind. And since this is the Massachusetts Department of Industrial Accidents, you've gotta assume the brotherhood of the BOFH have a man on the inside.

      So, rtb61, I'd suggest you take the stairs for the next couple of months just to be on the safe side.

      --The FNP

    11. Re:Legal "slam dunk"? by arth1 · · Score: 1

      For company/government controlled computers people should not forget that network/computer administrators can quite readily take over users computers and use them for what ever nefarious activities they want to and then blame the poor end user. In this case the administrator really and I mean really fucked up, I mean they found the child porn but missed the viruses et al, what, does the admin get such of kick looking for porn on there users computers that they forget to fulfil the security functions that they are actually paid for.

      In most medium-to-large companies, security, auditing, network admin and system admin would be handled by different people.

      And in big companies, auditing web logs is almost certainly done by low-skilled support who only run vendor-provided software and have no real understanding of what the software does or how it can produce incorrect results. A mid-level manager asks the vendor "can you get us a monthly list of who browses porn, sorted by number of sites?" The vendor says "sure", hacks up a script, and six hundred pages of documentation that won't be read. The mid-level manager gets his monthly report, and takes a report of the top three "culprits" to his boss, who is immensely pleased and gives him a bonus. The network admins, security admins, system admins and others who know why this is worthless as evidence probably won't even know what's happening, and most certainly won't be able to influence it.
    12. Re:Legal "slam dunk"? by sjames · · Score: 1

      This has been a problem for a while.

      I'm thinking about the California preschool where supposed sober adult law enforcement ultimately leveled the entire building INCLUDING the concrete slab it was built on and a few feet of the dirt under that looking for secret tunnels where satanic child abuse rituals were supposedly performed.

      Other than the fact that a man spent 5 years in jail (bail denied) awaiting trial and the high probability that some percentage of the over 100 preschoolers now have false memory syndrome thanks to incompetent abuse therapists (who "helped" the children recall such details as an orgy at the airport and Chuck Norris being a member of the group), I might think it was all a modern rewrite of "The Crucible".

      Frankly, there was child abuse involved, but it was at the hands of the prosecution.

      The initial accuser was eventually found to suffer paranoid schizophrenia and severe chronic alcoholism.

    13. Re:Legal "slam dunk"? by rizzo320 · · Score: 1

      In most medium-to-large companies, security, auditing, network admin and system admin would be handled by different people.

      And in big companies, auditing web logs is almost certainly done by low-skilled support who only run vendor-provided software and have no real understanding of what the software does or how it can produce incorrect results. A mid-level manager asks the vendor "can you get us a monthly list of who browses porn, sorted by number of sites?" The vendor says "sure", hacks up a script, and six hundred pages of documentation that won't be read. The mid-level manager gets his monthly report, and takes a report of the top three "culprits" to his boss, who is immensely pleased and gives him a bonus. The network admins, security admins, system admins and others who know why this is worthless as evidence probably won't even know what's happening, and most certainly won't be able to influence it.

      Yes, but in the state of Massachusetts, this is probably mostly done by minimum wage interns... Seriously, as someone who has worked in IT for a government agency, state and local governments are falling so far behind in IT in both keeping up with current technology and hiring and keeping competent help that things like this will become common. Funds and attention are elsewhere in many state governments. If anything good comes from this, hopefully it will make someone somewhere take a second and think, "How did this happen and how do we prevent it from happening again?".

    14. Re:Legal "slam dunk"? by TheLink · · Score: 1

      "Frankly, there was child abuse involved, but it was at the hands of the prosecution"

      Yeah, brings to mind those child rape/molestation stuff, where the "System" sends a 15 year old girl's 17 year old boyfriend to prison.

      I bet the girl would be scarred and damaged more by the "System" jailing her boyfriend and telling her that he was evil, than by what her boyfriend did even though what he did was wrong.

      Same goes for the case where kids send nude pics to each other and are charged with distributing child porn.

      How about: "In Pittsburgh, a 15-year-old girl was arrested and charged with sexual abuse of children, possession of child pornography and dissemination of child pornography when she posted nude and sexually explicit photos of herself on the Internet in 2004".

      Protect the children by exposing them to the System in its Full Naked Glory.

      Amazing.

      --
    15. Re:Legal "slam dunk"? by tdandh · · Score: 2, Informative

      This whole case would seem to hinge on one forensic expert's testimony, so if I were a lawyer, I'd be a bit leery about considering this an open-and-shut case.


      Actually, this was backed up by two forensic examinations by the AG's office. FTA:
      Loehrs, who spent a month dissecting the computer for the defense, explained in a 30-page report that the laptop was running corrupted virus-protection software, and Fiola was hit by spammers and crackers bombarding its memory with images of incest and pre-teen porn not visible to the naked eye.

      Two forensic examinations conducted by the state Attorney General's Office for the prosecution concurred with that conclusion, Wark said.
    16. Re:Legal "slam dunk"? by omfglearntoplay · · Score: 1

      If you think like that, we can say what probably happened is the end user did have admin rights due to some special situation or demand... and then he took his PC off site without telling IT... and that led to all the crap. Yeah, that exact situation has happened where I work. This guy may be perfectly innocent as far as the child porn, but when it comes to users being innocent and admins being up to no good... well, I've seen the opposite time and time and time again.

    17. Re:Legal "slam dunk"? by operagost · · Score: 1

      incompetent abuse the rapists
      Fixed that for you!
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    18. Re:Legal "slam dunk"? by kesuki · · Score: 3, Insightful

      "Lastly, Linux isn't going to help"

      Linux would have helped, instead of having a sophisticated network system where you need a valid login/pass to get access to the updates for your computer system... all the updates needed come from trusted repositories, no password or login needed, oh and, if the end user isn't given permission to install software, instead of having a dumb script on the system that logs in to a server, there can be a central server that runs a script that logs in as the admin user on each system to force updates, without having to create a new login/pass every time a new user grabs a linux laptop.

      linux doesn't fix the dancing pigs problem, but by being a inherently secure platform, remote administration isn't a joke feature thrown in as a 'buzz' word to movie more copies and try to avoid loosing important corporate customers to more secure products.

      Linux would have solved All the problems this company ran into. As a matter of fact, i've run across compromised windows systems where even after a format with a DOD level file system erase were automatically reinfected by malware that had corrupted the bios of the motherboard. the only thing that worked, was switching those machines to linux, and reflashing the bios (because it kept having problems with stability until the bios was reflashed)

      and if you think, well security software must have caught up by now, the sad truth is that about 3% of malware and rootkits released in 2006 are Actually protected against by security suites. the problem is, the way windows lets any administrator process to re write almost any file instantly, and any file with a reboot.

      once the software infects, disinfecting a system is very hard, doing a complete wipe, and flash of all programmable chips (optical drive, the main bios, there are even viruses that can infect the memory of a HDD's internal controller, which isn't normally accessible to the end user) a lot of people just throw computers away when the malware comes back, after a format.

      windows really really pisses me off more and more everyday because of how the way windows was designed, despite decades of end user knowledge in developing secure UNIX systems for college campuses, all because windows was completely managed by greedy, profiteers who didn't care a whit about how things were designed as long as they were number one, and had no serious competitors.

      oh and hey, even if the guy was running linux, and it wasn't auto updating, since it was a desktop and not a server, it probably wouldn't have run any of the popular programs hackers who target linux target.

    19. Re:Legal "slam dunk"? by kesuki · · Score: 1

      "The initial accuser was eventually found to suffer paranoid schizophrenia and severe chronic alcoholism."

      If you had that mental illness, you'd understand that to that person everything they say is happening is more real that anything anyone else can tell you about anything, no matter how crazy what they say is happening is.

      but it only affects 1% of people, so there aren't many routine screenings, and even specialists have a hard time pinpointing the mental illness, because in every other way, the person seems totally normal, except they get really really afraid of problems they believe are real.

      other than one doctor when i was a child, nobody even thought i had a mental illness until i got to age 30, and started to have severe side effects. nobody had even thought twice about any of my fears, or my lack of socialization, which was driven by fears... until i was so sick i was loosing whole months to blackouts (blackouts are a very severe effect usually only seen in unmedicated adults with Paranoid schizophrenia)

      alcohol is used by a lot of the 'mentally ill' as a patch for the problems caused by their mental illness, drinking makes them feel the same as everyone else... helps them get through life with a mental illness... ironically some drugs can a make side effects more noticeable, but alcohol is a sedative, and many anti psychotic meds are sedatives. so you can to a small degree self medicate with alcohol.

    20. Re:Legal "slam dunk"? by TheLink · · Score: 1

      "Linux would have helped, instead of having a sophisticated network system where you need a valid login/pass to get access to the updates for your computer system... all the updates needed come from trusted repositories, no password or login needed"

      Firstly:

      The Linux update system you are talking about is similar to Windows Update and Windows Update does not require "login/pass" to work.

      Companies/Organisations typically use SMS and similar sort of update software in order to:
      1) update THEIR own (custom, 3rd party) software, and
      2) to have more control over it (less bandwidth used, updates only happen on known dates).

      So in this case Linux wouldn't work so well either, they'd to do the same thing which could have similar problems username/password incorrect, repository pointed to out of date address etc.

      Secondly:
      Even if software is updated it does not mean the malware would have been prevented from downloading porn.

      That said, Linux is safer at the moment.

      However this relative safety is not due to any technical (or inherent) security advantage of Linux - on all popular Linux distros (unless you count SELinux which currently is a bad joke for desktop users), if the default browser is exploited, malware can be installed that will continue to run and be able to download porn. Firefox has had many exploitable security problems.

      The only reason why Linux is safer in this scenario is because "Desktop Linux" isn't very popular. So not many "desktop" hackers target Linux (waste of time). As you say there are hackers who do attack Linux servers.

      Believe me if Desktop Linux (or Mac OSX for that matter) ever has a large percentage of the desktop market, things will change. Imagine what a malicious script can do on Linux. Hackers would be able to write updates to that script faster than the AV people can update their signatures or heuristics. The script could even google for updates and download them automatically :).

      Thirdly:
      " the way windows lets any administrator process to re write almost any file instantly, and any file with a reboot"

      Linux lets any root process rewrite almost any file too - no need for reboots.

      I was in the IT security line for years and from a technical point of view, Linux doesn't really have better security than Windows. In fact Windows has better sandboxing (that's half usable by normal people). AppArmor isn't quite desktop ready yet, SELinux is not usable by normal people.

      Lastly:
      The main problem is the company was so quick to sack that person just because they found porn on his computer.

      --
    21. Re:Legal "slam dunk"? by sjames · · Score: 1

      I have no doubt about any of that. I've known enough paranoid schizophrenics to understand all of that. I don't blame her in the least.

      It was up to the supposedly mentally healthy rational adults to put the brakes on sometime before literally obliterating the building and the ground it stood on as well as seriously screwing up a bunch of lives.

      She was paranoid schizophrenic (apparently undiagnosed at the time of the incident) with resultant alcoholism. She cannot be blamed for that. What was everyone else's excuse?

    22. Re:Legal "slam dunk"? by Mathinker · · Score: 1

      Yeah, another Slashdot user already corrected me, but thanks. I've been here too long, this time I skipped reading the article, and got caught.

      It turns out that even if he wins, he can't get more than $100K of damages from the State of Massachusetts and perhaps his pension and health benefits (which you probably know since you did read the article).

      Funny that I got an "Informative" mod on that, I had thought that the part about the need for a law requiring forensic snapshots in cases of employee dismissal was the Interesting or Insightful part.

    23. Re:Legal "slam dunk"? by jacquesm · · Score: 1

      it is 'their' not 'there'

    24. Re:Legal "slam dunk"? by kesuki · · Score: 1

      "The Linux update system you are talking about is similar to Windows Update and Windows Update does not require "login/pass" to work.

      Companies/Organisations typically use SMS and similar sort of update software in order to:
      1) update THEIR own (custom, 3rd party) software, and
      2) to have more control over it (less bandwidth used, updates only happen on known dates).

      So in this case Linux wouldn't work so well either, they'd to do the same thing which could have similar problems username/password incorrect, repository pointed to out of date address etc."

      two things with linux, a typical linux repository will have all the software you need, if not, the source is open, and you can contribute code to the community to implement features you need, so a repository is nothing like windows update, it's more like have a 50 DVD set of every software package imaginable, but you only download and install the ones you need.

      if for whatever reason company deploying linux wants to use proprietary software, all they need to do is build their own repository, have a private key, and do exactly what winehq has done http://www.winehq.org/site/download-deb

      only instead of posting the key on a webserver, the sysadmins manually install the key on every pc, or however you want to roll your own repository. Windows Update can't compare, to what a good repository system can do, and here you don't need a login/pass just a generic repository key, and all the code can be closed source even!

      the best thing is that by rolling your own repository, you can mix n match open source with closed source, and create dependencies on existing Free open source software to cut your deployment time over a completely proprietary system.

  135. WHY WOULD HE WANT HIS JOB BACK? by Jane+Q.+Public · · Score: 2, Insightful

    Would you?

  136. Moral of the story? by bradbury · · Score: 0, Offtopic

    Shouldn't the moral of this story be, "Use Windows and risk losing your job."

    There may be stories about viruses infecting Linux systems, but I've never had a problem (except with the random attempts from around the world trying to break into my telnet or ftp servers.) But so long as one keeps those locked down to specific IP addresses then the only problem one has to deal with is SPAM being routed through ones machine.

  137. Someone wanted to get him fired. by elucido · · Score: 3, Interesting


    Look, we are here on slashdot discussing this as if we don't have the technical skill to use CP as a weapon to get people fired. It's really simple write a bot, and then upload your enemy list in encrypted form to that bot server in whatever location and have that bot send a bunch of child porn to all the people you dislike.

    9 times out of 10, most men will accept any photograph of what they think is a hot chick, not knowing what it is before they open it, it could be child porn, it could be a virus, they don't know. The problem is once the child porn is on their computer then they get reported and their computer gets checked for child porn.

    They then undelete everything and find that one photo was on the computer for a split second.

    This alone is enough to get a person fired. Personally, in my opinion, unless a person has LOTS of child porn, I don't think it's right to report them over one image found somewhere on their drive.

    If we go by those standards then only the most paranoid of internet users will be able to avoid being infected with child porn. The situation is messed up but I wont label pedophile so easily.

    In my opinion you did the right thing. It's becoming way too easy to label someone a pedophile, at this point any hacker can get just about all of their enemies labeled a pedophile by simply hacking into their enemies computers, uploading the child porn, storing it in some secret hidden directory they can't see, and then alerting the proper authorities.

    It's fucked up, but just like there were people writing viruses which would destroy computers, there will be people who spend all their time trying to destroy peoples lives using child porn as a weapon to get people mislabeled into a pedophile.

    If all it takes to get labeled a pedophile is to be caught with child porn on your computer, how hard will it be to make you look like a pedophile?

    You probably wont have to look for child porn or search for it or anything, I doubt the authorities check search records in these cases to see if the person was searching for child porn, they probably just see the pictures on the computer and scream pedophile.

    1. Re:Someone wanted to get him fired. by kesuki · · Score: 1

      you're forgetting something important here, most hackers nowadays work for various organized crime families.

      script kiddies are a bit different, as are sysadmins who have enough technical knowledge to use script kiddie tools, etc.

      extortion is a classic of crime families, put the pr0n on your system, then you're over a barrel, and they can extort you because you'll get sacked, and the market is weak, if they report you, and you probably don't have the technical knowledge etc to fix it, if you did, then the hackers probably wouldn't have got you.

      anyways, its a scary world using windows on the internet. i have 3 firewalls. and i Still don't feel safe. I've gotten to the point where i power off my system and short all the RAM leads* between switching HDDs to boot to use the internet on windows, vs using software i don't trust, and i can't afford to replace right now...

      I'm seriously considering switching to wine, for playing games online, i'm pretty sure my favorite internet game works with wine. if i do, the user that plays online games won't have sudo/su permissions, i know that much.

      if it wasn't for linux, i probably would never use a computer on the internet ever again.

      *= i am paranoid schizophrenic, shorting the ram leads to ensure no memory is left written between boots with a piece of tinfoil is now part of my daily routine

  138. Could this be a way to get people fired? by elucido · · Score: 1


    Now the hackers run the corporations, how?

    You fcuk with the hackers and they'll pedophile you.

    1. Re:Could this be a way to get people fired? by Cruciform · · Score: 1

      (put on your tinfoil hat for the following)

      Who's to say that elements of the government aren't already doing such a thing? If you really want to ruin someone's credibility within a community, just announce that child porn was found on their computers.
      Even if it turns out to be a "mistake" six months or a year down the road, that person is likely ruined for the rest of their lives unless they pull up stakes and move elsewhere.
      And now the internet makes it even easier to smear someone on a (inter)national basis.

  139. Re:Why? lots of reasons by mpe · · Score: 1

    Sounds awefully complicated. I'd just rent a server in Malaysia or other countries with more pressing issues than shutting down servers, where someone like this already has a server collecting information for ID theft. I doubt they're more interested in shutting down CP servers than ID theft servers.

    A single server would be vulnerable to DDOS. A rival criminal gang would have such an ability as does the likes of "Media Defender". No doubt various governments can also do similar things. A distributed "server" is resistant to such attacks.
    Also it probably makes more sense politically for law enforcement to go after CP.

  140. Does the truth matter to the law? by elucido · · Score: 1


    The truth, well, it depends, when they decide who is or isn't a pedophile do they check search records, or do they just find a bunch of illegal images on a computer and scream PEDOPHILE!

  141. The new CP virus threat. by elucido · · Score: 1

    The phrase "innocent until proven guilty beyond a reasonable doubt" comes to mind. Forensic analysis of the machine apparently showed it to be severely compromised by malware. Allow me to quote from one of TFAs:

    "What I found is, he would log in to the state's Web site, he'd be on for five or 10 minutes and during the exact same time that he's filling out a form, an image shows up, out of nowhere. No typed [Uniform Resource Locator], no search, no Web site activity, just bam, a cached image shows up on his computer," Loehrs said. The offending images were located in the laptop's browser cache directory.

    "He'd have 40 Web sites hitting his computer in a minute -- who's the IT guy who looked at this and said, "Wow, this guy is pretty active on the Internet?'" Loehrs said. "It's physically impossible!"

    Loehrs found a script file that was set to go out and run its own searches on foreign Web sites, she said. "And once you get into some of these foreign sites, you'll get all kinds of stuff you don't want to see.

    "Actually, the child pornography was just a very small portion of it. The majority was just bizarre porn. He was being hit with everything," she added. Are you still so certain of your position? It's not enough that there are word macro viruses and viruses all over limeware and flash viruses, but now we have to worry about scripts which infect us with kiddie porn.

    How to defend against this? Harddrive encryption.

    And if you see anything illegal, reformat immediately.
    1. Re:The new CP virus threat. by TheLink · · Score: 1

      You only encrypt if the company laptop already does it by default.

      Otherwise it's suicide.

      If they ever take a look at your laptop while it's powered on, and access the harddrive that's encrypted, and find child porn, how does that make you look?

      With the amount of hysteria going about, I think the safest way for you to browse would be at home where you have more control over your computer.

      --
    2. Re:The new CP virus threat. by corbettw · · Score: 1

      How is hard drive encryption supposed to prevent infection when the drive gets decrypted whenever you log into the machine?

      Hard drive encryption ONLY stops people from reading the contents of the drive after you shut the thing down. It provides no other protection beyond that (nor is it supposed to).

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:The new CP virus threat. by kesuki · · Score: 1

      "How to defend against this? Install Linux."

      There fixed that for you. HD encryption with do nothing to protect you from windows based malware.

      do you ever wonder why at hacking competitions, the linux laptop never gets hacked? its because tools to hack linux systems just don't exist. it's too hard, linux is written too well, and hackers get paid to hack windows or apple PCs, apple at least has 3% market share, linux has what? 0% of desktop computers? every hack against linux, is against linux servers, because there ARE linux servers. and some of them get neglected for years even with critical security vulnerabilities announced and patches available.

    4. Re:The new CP virus threat. by elucido · · Score: 1

      "How to defend against this? Install Linux."

      There fixed that for you. HD encryption with do nothing to protect you from windows based malware.

      do you ever wonder why at hacking competitions, the linux laptop never gets hacked? its because tools to hack linux systems just don't exist. it's too hard, linux is written too well, and hackers get paid to hack windows or apple PCs, apple at least has 3% market share, linux has what? 0% of desktop computers? every hack against linux, is against linux servers, because there ARE linux servers. and some of them get neglected for years even with critical security vulnerabilities announced and patches available.

      No, I can hack into Linux too, at least a poorly configured ubuntu, but I admit it's more difficult/time consuming to hack into linux.

      Getting into linux usually means cracking the root password, and this usually means finding a way past whatever firewalls. The way to do this is with a flash or shockwave virus, but I admit it's going to be difficult.

      Those new supercomputer GPU's will come in handy though.

  142. Re:..why Megan's law and "zero tolerance" is tyran by mpe · · Score: 1

    zero tolerance laws produce an extreme disincentive to properly and discretely investigate such things before slinging around an accusation which will ruin somebody's life.

    IIRC the term was originally applied to corrupt law enforcement. Where it actually makes sense... Maybe what's actually needed is "zero tolerance" towards poor investigation.

    "Megan's law"s punish people after the official debt to society has been paid.

    In the same way that barring people from voting, after they have served their sentence, is also morally questionable.

    If you are so sure pedophilia is an incurable, life-long disease, than imprison them for life or develop a house arrest program, but you can't simply toss these sex offenders out, put a big neon "child molester" sign over their head, and pretend they have the same rights, or are not in danger of vigilantism.

    Thing is that the term "sex offender" does not equate to "child molester". It's even possible for people to wind up on these lists for reasons which do not even involve any sort of sex act at all. There have even been cases of unconnected people being assaulted due to similar names and/or address.
    Of course child rapists who havn't been caught won't be on any such lists. It's even possible that there are people who have been caught and convicted will not be listed due to some technicality (such as being a woman or having plea bargined to some other charge).

  143. Re:Lawyer: This, boys and girls, is why . . . by Maxo-Texas · · Score: 1

    why would the malware developer do that?

    Because in some cases the remote boxes serve the images onwards (acting as remote storage for the malware developer).

    It's not the developer trying to get the person fire- it's the developer using the person's bandwidth, disk storage, and cpu to serve/restore the images.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  144. Thats even worse! He could have gone to prison. by elucido · · Score: 1

    They did fire him -- they fired him and never asked any questions. The investigation was by the prosecutor, not his employer. I wonder if he will be hired back with back pay. What you are saying is, this guy who probably was set up by some hacker who didn't like him, could have gone to prison for who knows how long just because of some images on his computer?

    Unless the prosecutors have a pattern of pedophile like habits, such as search records or just some evidence besides the pictures, how can we ever be sure that the guy is a pedophile?

    Anyone can download something by mistake, or be tricked into accepting a file. If thats all it takes to make someone a pedophile now, and if prosecutors are that desperate that they'll take these sorts of cases seriously, it's actually probably going to result in helping the REAL pedophiles.
  145. Re:Lawyer: This, boys and girls, is why . . . by Maxo-Texas · · Score: 1

    One obvious question is:
    So they noticed that the bandwidth usage was 4x the other users--- did that start after he got the new laptop?

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  146. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    The malware creators do not always create a malware with a definite motive.

    It might also be their intention to hide paedophile images to get any person under trouble!

    There should be thorough analysis of the malware on the disk and it should be verified whether the employee's story is true or not.

  147. You are skeptical because you lack knowledge. by elucido · · Score: 1


    You may know everything about the law, but if you just were to buy a book on C, or C++, or Java script, or visual basic, you can easily learn how to write a virus which does exactly that.

    Why did people write viruses to destroy peoples harddrives back in the day? Remember those viruses that would literally nuke a harddrive and ruin it?

    Why do people continue to write viruses which destroy?

    The simple reason is, if you hate someone and want to kill them physically but can't do it, sending them a virus and getting them labeled a pedophile is a punishment equal to killing them, and some would say it's a punishment worse than death itself.

    I can imagine plenty of people who if they had the knowledge, would write viruses like this and send them to all the people they hate. And I can imagine these same people then reporting them to the prosecutor and having that person get labeled a pedophile.

    Don't you realize that this could be you? Any hacker who is pissed off at you could wait for you to leave your wifi open on your lan, then sneak and upload a package to your network, or they could take the direct approach of just emailing you the virus or sending you a website which infects you through a flash video file.

    Once infected the virus could create a child porn botnet. Why would they do this? There are many reasons, but I'll list a few that come to mind.

    A. It's a way to hurt people you hate (obvious).

    B. It's a way to protect the actual child pronographers by wasting police resources.

    C. It''s a way into your machine.

    While it's possible that yes some people are going around downloading child porn, it's equally technically possible and perhaps even more likely that a virus could infect them with child porn in the same way our email accounts are all infected by spam.

    But we don't have anti spam laws which label those who posses the spam in their email account as pedophiles, here in the spam example somehow our laws are rational and we go after the distributors of spam, but somehow when it's pedophiles all reason and rationality is thrown out the window and suddenly its okay to have a witch hunt and just arrest anyone even remotely associated with child pornography to the point now where just looking at it by accident means prison time.

    So yes, I can see some hateful destructive types of individuals using child porn as a weapon simply because they can do it and get away with it and the laws are so technologically ignorant in most cases that usually the person who has it on the harddrive goes to prison and is labeled a pedophile, and since that could be anyone it's equal to giving the script kiddie a pedophile gun from which they can take out all their enemies, political or imagined.

  148. Encryption = Safe? BS. by elucido · · Score: 1


    No, I think hackers have figured out that they can use CP as a weapon. If it were just about encryption and storage they'd keep encrypting it and storing it on newsgroups.

    I think this is both going to be used as a weapon by sick pedophile hacker types who will be able to say "You fuck with us and we'll pedophile you", and in that case it's literally AND interesting the first cyber weapon of this sort that I've seen.

    Usually we had to worry about viruses which destroy physical property, now we have to worry about viruses which can destroy our lives. In this case the hacker who controls the pedophile botnet now has the power to scan through the list of IP addresses and report certain individuals to the cops and ignore others, allowing them to both store the illegal porn, spy on random people, and literally destroy the lives of people who piss them off.

    Suppose the hacker who wrote this is a Republican, and discovers a certain infected user is a Democrat, whats to stop this Republican botnet owner from deciding to upload a bunch of child porn and then sending a well placed phone call to the local prosecutors office?

    Don't you see what could happen here or am I the only one who sees this? Encryption wont work because most people don't know how to properly use it, and when the authorities are at your door, or some thugs threaten to kill your family, you'll give up all your keys anyway, making encryption next to useless.

    1. Re:Encryption = Safe? BS. by corbettw · · Score: 1

      I think you have the start to an interesting book or movie. What would happen if John McClain (the action hero, not the candidate) got locked up for having kiddie porn on his work laptop? And then with him out of the way, some nefarious group was able to take over New York City?

      --
      God invented whiskey so the Irish would not rule the world.
  149. Re:Lawyer: This, boys and girls, is why . . . by sporkme · · Score: 1

    If you read the defense investigation report, it is revealed that the DIA (employer) spent about three hours investigating the laptop. All they did was copy the temporary internet files to another system for "analysis." It is not clear what took three hours with this folder full of illegal pornography.

    The defense forensic investigator notes late in her report that when she copied everything but images from temporary internet files, her Avast AV went apeshit, and that the forensic machine experienced increasing ill-effects from viruses for the rest of the session. She expresses doubt that the anti virus program installed on the DIA investigator's machine was even functional.

  150. It's a dual purpose weapon. by elucido · · Score: 1


    This sort of system could easily be used as a political weapon as well. Simply call it the pedophile gun and anyone who votes in a way you dislike can have child porn uploaded to their computer.

    There is no reason to believe that this couldn't be targeted to specific groups of internet users.

  151. Re:..why Megan's law and "zero tolerance" is tyran by Fred_A · · Score: 1

    Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
    Except when one can add "think of the children" or "terrorism" anywhere in the accusation (Amendment 8 version 1.pre-1, released 2002).
    Soon to be ratified.

    --

    May contain traces of nut.
    Made from the freshest electrons.
  152. Re:..why Megan's law and "zero tolerance" is tyran by Fred_A · · Score: 1

    Note his daughter was 11. He saw him on the sex offender list and thought "kiddy fucker" immediately, not "rape" or "mild sexual harassment" But she would have been 30 or 40 eventually... Better safe than sorry !
    --

    May contain traces of nut.
    Made from the freshest electrons.
  153. pedophile botnet? BS by 1u3hr · · Score: 1
    In this case the hacker who controls the pedophile botnet now has the power to scan through the list of IP addresses and report certain individuals to the cops

    Proof this has happned, ever? Proof that a "pedophile botnet" exists?

    Pedophiles don't want MASS distribution of their porn. Thay want to share it with a small (perhaps a few hundred users at most) group. They have no interest in using spammer tools to spread the proof of their highly illegal activities over millions of PCs. It would be asking for trouble, and achieve nothing.

    Don't you see what could happen here or am I the only one who sees this?

    Yes, you're the only one.

    1. Re:pedophile botnet? BS by elucido · · Score: 1

      In this case the hacker who controls the pedophile botnet now has the power to scan through the list of IP addresses and report certain individuals to the cops


      Proof this has happned, ever? Proof that a "pedophile botnet" exists?

      Pedophiles don't want MASS distribution of their porn. Thay want to share it with a small (perhaps a few hundred users at most) group. They have no interest in using spammer tools to spread the proof of their highly illegal activities over millions of PCs. It would be asking for trouble, and achieve nothing.


      Don't you see what could happen here or am I the only one who sees this?


      Yes, you're the only one.

      No what they want to do is render the laws unenforceable by distributing it as widely as possible. Similar to how we cannot stop spammers because theres just too much of it.

      But to give you the benefit of a doubt, it's true that actual child molestors don't want the evidence spread all over the net, but whats that have to do with distribution? Once something is on the net this is what happens to it, it could be child porn, or warez, or regular porn, if it happens with regular porn, spam and warez, why wouldn't it apply to child porn too?
    2. Re:pedophile botnet? BS by 1u3hr · · Score: 1
      No what they want to do is render the laws unenforceable by distributing it as widely as possible. Similar to how we cannot stop spammers because theres just too much of it.

      Again, has this ever happened? How do you know this? And it doesn't seem a very clever strategy. Governments would not throw their hands up and say "Go for it!", they'd introduce (even more) draconian and privacy-invading laws and have a free ride from a public disgusted by kiddie porn.

      But to give you the benefit of a doubt, it's true that actual child molestors don't want the evidence spread all over the net, but whats that have to do with distribution?

      Because as TFA shows, merely unwittingly possessing alleged kiddie porn is enough to get you summarily fired, investigated and have you become a social pariah even if you escape prison.

  154. Charges were dropped by sporkme · · Score: 1

    The charges were dropped, deliberate point misser.

    1. Re:Charges were dropped by sporkme · · Score: 1

      Oops, that wasn't meant for you... sorry

  155. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    ...uh, because they're malicious?

  156. You're as bad as they are by samjam · · Score: 2, Insightful

    You're too lazy, just like they were, you want (yourself?) and others to act on someone elses information that you can't be bothered to confirm, and then have them harassed.

    Thats the kind of behaviour that gets (got) the wrong person and ruins their life.

    Sam

    1. Re:You're as bad as they are by Anonymous Coward · · Score: 0

      Let's see, first of all, I'm not as bad as they are because it's not my JOB.
      Second of all, I'm not as bad as they are because the call for such Juvenile retribution was mostly a joke.
      Third of all, didn't we just have an article on the front page about the criminal consequences of internet harassment?

      I'm concerned with REAL justice. You chose to focus all your attention on the least important part of my post.

  157. Not quite by cheros · · Score: 1

    Depends on the country, but in general you have insight in your personnel file. These things have a date. In the UK, if the company would leave this for a few weeks they would immediately hang themselves on a constructive dismissal charge.

    The other problem is one of proof. Unless they have exceptionally good forensics there is a question how it got onto the machine, leading to lawyer sponsoring game of ping pong about slander.

    Third issue: if it is indeed *illegal* material it becomes a criminal matter, and not reporting immediately can be seen as assisting in crime (sorry, forgot the term for it). So the moment this would be used you'd get the question why it wasn't reported before and it would all get very ugly again.

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    1. Re:Not quite by ChameleonDave · · Score: 1

      the question why it wasn't reported before .

      All you have to do is check the computer again and say you've only just found it.

    2. Re:Not quite by cheros · · Score: 1

      That's why computer forensics are so much fun..

      --
      Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  158. Insanity by Yvanhoe · · Score: 2, Funny

    "We've been advised by our attorney not to talk to you."
    When lawyers seems a safer medium for understanding between people than regular speech, there has to be a problem somewhere.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  159. Can a CD containing Sony's Rootkit do this? by ancient_kings · · Score: 2, Interesting

    I'm quite sure there are plenty of those old Sony Music CD's with those infamous rootkits floating around. What happens when one of these Music CD's are inserted in a computer? Can it still infect the computer and allow backdoor worms/viri get in and do to your computer essentially what happened to this guy? That's really frightening if true....

  160. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Lawyers don't understand the mind of computer hackers. Why do people break into systems? Because they can. Why do people crack and distribute commercial software for free? Because they can. Why do people write viruses? Because they can.

    It very well may be the same in this case. To a hacker, there doesn't have to be any kind of payoff. Simply compromising a system is all that is sought.

  161. Ask me no questions and I'll tell you no lies... by Joebert · · Score: 1

    ... or truths.

    Apparently someone thought this person was just fucking strange to begin with if they got with an attorney & fired their ass before they realized anything was going on.

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  162. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? I really can't fault the emploeyr for not considering such an idea and investigating it.


    the basic aim of malware now is to do things which would are illegal and would be bad to have traced to your computer. Instead, the malware authors arrange to have them traced to someone else's computer (they don't mostly care about setting that person up; just misdirection) Several possibliitis in this case.

    • To provide a server for that child porn to be distributed further from.
    • To upload that child porn to public sites
      • to advertise further sites
      • to disribute the porn
      • to get those sites into problems

    • with the aim of getting the guy fired
    • to try to inject adverts to the local user
    • by mistake
      • they're doing one of the above on other computers, but the images also went onto this computer.
      • the developer of the malware has child porn on his computer and accidentally copied it


      The reasons are unfortunately many.

  163. Good forensics; bad company. Sue!! by Anonymous Coward · · Score: 0

    Sounds like a great time to sue for huge bucks for wrongful termination.

  164. Incest? Really? by jollyreaper · · Score: 1

    How can they be sure? Did they include birth certificates to prove the performers were related? Even if the performs were related, are they over 18? If so, is there even a law against it? With apologies to Lee Emory, wouldn't that be like the military prosecuting a soldier for homosexuality and not having the common courtesy of giving a reach-around?

    As far as the malware goes, it does seem more likely that the malware was contracted while surfing porn sites but I have heard of malware used for remote storage and distribution of porn. It's plausible, unlike the explanation that a Windows error sent a drunken, rambling email to your ex at 3am.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
    1. Re:Incest? Really? by Doctor+Faustus · · Score: 1

      Even if the performs were related, are they over 18? If so, is there even a law against it?
      Consensual adult incest may or may not be legal, depending on the state. Recording it and selling it is likely to run into trouble with obscenity prosecutions, though.

  165. Back to Salem? by Archtech · · Score: 3, Insightful

    I'm seeing a fascinating parallel with the old-time witch trials. People who didn't know much about anything, but were filled with fear and confusion, were always happy to find a scapegoat. Nothing cheers you up as much as kicking the shit out of Bad People. If you can hang them, or burn them alive, that's a bonus.

    So these regular folks would notice that somebody (often a lonely old woman) acted a bit oddly. Instead of using a bit of imagination and charity to understand why, they leaped to the conclusion that she was consorting with the Devil. Just as some Native American tribes got their fun from torturing prisoners to death - life was DULL in those days - torturing and killing a witch just made their year. (Another possible parallel is that those who informed on "witches" often did a deal with the state whereby they split the victim's - often considerable - possessions between them).

    Nowadays it's not quite respectable to torture people or burn them alive (unless they're foreign Bad People). But these here pedophiles... we should string 'em all up.

    There seems to be a type of mentality that doesn't even want to understand how nasty pictures can wind up on someone's laptop, without the owner's knowledge or consent. It's just a great chance to get someone down and kick him, kick him, kick him...

    --
    I am sure that there are many other solipsists out there.
  166. Check your thinking by Archtech · · Score: 1

    I challenge you to offer a shred of evidence that Tami Loehrs' work is in any way defective. (The state's army of prosecutors and "experts" doesn't seem to have been able to do so).

    It seems far more likely to me that everything you say is ass-backward. How many innocent people are railroaded into plea bargains and prison sentences precisely because "the typical juror is... computer illiterate, and prosecutors know it"?

    You assert that Loehrs "is making a living off of [sic] a few lucky shots where her unchallenged statements have helped [accused people] walk free". Yes, that's how the justice system works, all right. The police arrest someone and haul him off to jail, then a pack of prosecutors, police, and forensics experts carefully prepare a case... and then, when it comes to court, the case is dismissed because of "unchallenged statements" by a "one trick pony".

    --
    I am sure that there are many other solipsists out there.
  167. Re:Lawyer: This, boys and girls, is why . . . by Carewolf · · Score: 1

    Actually people did have rights are had to be proven guilty in most classic witch trials. The only issue was that the evidence was usually confessions extracted through torture. So it was not the legal system that was broken, but just that any information extracted from torture is completely useless. Unfortunately the new world seems bend on rediscovering that fact.

  168. danger will robinson by Quadraginta · · Score: 2, Insightful

    Maybe your dad is better at social engineering. He may not need to hack your computer to hack your head.

  169. being stoned is a negative? by Shakrai · · Score: 1

    Shouldn't that be +1, Stoned? ;)

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  170. Re:Lawyer: This, boys and girls, is why . . . by Tony+Hoyle · · Score: 1

    It's a corporate laptop. The chances that it had a publicly addressable IP address is pretty much zero.

    It don't buy it anyway - the last thing a kiddie porn site wants to do is attract attention by wide distribution of its contents.

  171. Re:Lawyer: This, boys and girls, is why . . . by lena_10326 · · Score: 1

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that?
    Others already mentioned one good reason: forming distribution channels for illegal porn while providing a layer of protection for the bot net owners. There's also another reason, similar but with a slight twist.

    To form a distributed network to aggregate porn, as well as a delivery system for it. A bot in this network would gather and catalog all porn, including high quality versions behind paid accounts. It would not discriminate between illegal and legal; it would grab everything.

    Why would this be done? What are the motives?

    • Free bandwidth: bandwidth is expensive, particularly for serving image and video data. Nearly 100% of all bandwidth costs would be eliminated by stealing fractional bandwidth from 100s of thousands of compromised hosts.
    • Free storage: same reason here as with free bandwidth. Zero storage costs with unlimited backup copies and built-in fault tolerance.
    • Optimized delivery: bot nets could deliver content by transferring from compromised hosts that are geographically nearby having fewer hops between client and server. It could also anticipate user's habits by pre-loading with porn from other compromised hosts, making image loading nearly instantaneous. Faster download times = more profit.
    • No royalty costs: free access to distribute copyrighted material without incurring royalty payments.
    • Risk free distribution of illegal porn. Distributing from a compromised host in a different country provides the bot owner with that extra layer of protection. It also makes him immune to being shutdown. Lose 1 host, not a problem for him; he's got 500,000 more.
    • Risk free distribution of legal but copyrighted porn. Using a bot network is less risky instead of signing-up for various porn accounts, stealing their copyrighted material, and distributing from a central server. Some copyright holders aggressively sue, so this avoids the risk of being sued out of existence.
    • A bot net is a one stop shop for harvesting credit cards and account logins for sale on the black market; gathering emails and sending spam; distributing porn, stealing resources, and avoiding risk for the bot net owner. A turnkey solution so to speak. It's a product ripe for resale on the market to unscrupulous porn pushers who may be into illegal porn.
    • Bot networks are mature "products". They are resold as a product or service so setup is easy for porn pushers. No need to build complicated software systems from scratch. Just purchase an existing service.
    --
    Camping on quad since 1996.
  172. Re:Lawyer: This, boys and girls, is why . . . by maxume · · Score: 1

    You are likely correct. Paranoia and rational don't always go hand in hand though.

    --
    Nerd rage is the funniest rage.
  173. Pornware the Malware that delivers by cryptodan · · Score: 1

    I guess we can call this Pornware or pr0nware from now on.

  174. Let me help you deal with the expense: by GameboyRMH · · Score: 1

    And the software and tools to scrub and re-install laptops to a clean OS image is also quite expensive, which is why that $100 charge seems conservative. Well Windows install discs are quite expensive, but they usually come with the computer. Your company should have a few floating around somewhere. Alternatively, unless your employees need to play DirectX games, you could install Ubuntu. Try talking to your IT department about this, but some are not very receptive to alternative operating systems, so be ready to duck any furniture that may come flying your way.

    Also you'll need an internet connection to download this:

    http://dban.sourceforge.net/

    You can get a free wireless connection at a Starbucks and most airports. If you don't have any flash drives you can boot from, you'll need a blank CD as well, those usually run in the $1 range, but you can get them cheaper in bulk. Maybe you could arrange a group buy.
    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Let me help you deal with the expense: by Anonymous Coward · · Score: 0

      Most of the costs aren't material, or even the software.

      Companies charge cost based on time. For example, setting up a new computer would cost my company about $100.

      Putting the archived (redone every 6 months) image on the machine - 20-30 mins
      Updating the virus scan, windows update and other software from that 3 month period - 30-60 mins
      Installing any non-standard software that the user requires - 30-60 mins
      Setting the user up and going through all the motions required to tell that this is the same machine, you don't need to do anything extra special - 30 mins.
      Responding to the user complaints that some things are different despite the fact that you copied their profile settings over - 20 mins

      2hrs 10 mins - 3 hrs 20 mins

      At $38/hr for my time, this averages out to be out $100.

      Now of course I could be doing other things during this time, but thats not the way charges are handled.

  175. You must be new here by Mathinker · · Score: 1

    And I must be getting too old, here. Ouch.

    Thanks for the info. I guess I've really earned my Slashdot veteran's button today, now I can wear it in shame...

    Well, at least I can be glad the guy got cleared of blame relatively effectively. Unfortunately, his life is still in shambles.

  176. What is going on in this compant's network. by gubers33 · · Score: 1

    First thing I would like to know is if the company is even running any type of web washer than would block sites like this so that the porn sites couldn't be looked at in the first place. So that if they found the internet temp files they would look at the box for malware and what not. The next thing that puzzles me, is how the company's network security guy wouldn't catch all of that bad traffic going through the port, unless he like the person that re-imaged his laptop neglected to do their job. Lastly, the company must be running Altiris or a similar program to manage the desktops which also makes me wonder why they were able to catch the internet temp files, but not all the malware. Even if his laptop wasn't getting updates the network people should have known if they actually were doing their jobs. I would say that company will lose a pretty hefty lawsuit within the next year, for their brash actions and multiple technological screw ups.

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
  177. Re:..why Megan's law and "zero tolerance" is tyran by eck011219 · · Score: 1

    "Megan's law"s punish people after the official debt to society has been paid.


    This has been my argument for years, but everyone I talk to seems to think it's worth the risk to our rights to reduce the risk to our children. I have a little girl and lose sleep at night over her safety, but I just don't think Megan's Law is the right way to go about it.

    Honestly, I have no issue with putting profiles of these offenders online, but it has to happen at the point of conviction, not several years afterwards. If you want to start telling convicted sex offenders during sentencing that they will be listed online, so be it. But you can't post the dude who was convicted 30 years ago -- it's not part of his sentence.

    And don't get me started on the one-size-fits-all designation of "sex offender" (insert size joke here (insert insertion joke here)). Chester Molester in the panel van by the school is NOT doing the same thing as 19-year-old John and his girlfriend, 17-year-old Mary. Oh, wait, I got myself started there ... (insert self-starting joke here)
    --
    It is pitch black. You are likely to be eaten by a grue.
  178. Re:..why Megan's law and "zero tolerance" is tyran by Anonymous Coward · · Score: 0

    as a parent who live down the street from a pederast, a convinced pederast that seems harmless enough (visually he looks like someone's grandpa), I am glad that I have access to a list of sex offenders in my area. His victims were under 13.

    This way I can tell my kids to ignore "that" man and not to talk to him, to let us know if he tries to talk to them etc. Sure there are definitely people that aren't on the list, but at least I know that a couple live in my area and I can at least look out for those ones.

    oh, I agree about zero tolerance laws though, those and mandatory minimums should be thrown out as unConstitutional. Each case deserves individual circumstances need to be taken into consideration.

  179. Grudge charges by phorm · · Score: 1

    Yeah, seems to me that this would be an easy way to railroad somebody. What's to stop an angry coworker/spouse/girlfriend/etc with a grudge from taking 4-5 seconds to copy something from a USB key onto your machine (or just dropping the USB key full of control into your drawer), then calling in a tip to the cops?

    I've had crazy ex-girlfriends before (and by crazy, I mean, police restraining order probably-should-be-visiting-a-ward crazy) and it's scary stuff. Heck, a man/women spurned in general is scary stuff... seems to me that it would be easy for somebody to use this stuff to put you over the rocks.

  180. Banners by phorm · · Score: 1

    I've seen some banners which advertise as "young girls", usually with a disclaimer of 18+. I don't know how you really determine the age, but to me they could be anywhere between 15 and 21. How do you determine what's a young-looking 20-something'er, or an old looking mid-teen?

    As per the banners themselves, they're fairly frequent on warez sites and other site places.

  181. The man was EXONERATED by Relayman · · Score: 4, Insightful
    This story excerpt infuriates me. The story is about how the man has been exonerated of downloading child porn. The summary describes events that happened years ago; the story is the finding that he is innocent (and will probably receive several million dollars in damages from his former employer).

    The point here is that an innocent man has been through hell because IT screwed up and didn't set up SMS correctly so his computer had numerous security holes. The summary doesn't convey this, of course, resulting in the stupid (and, actually, offensive) comments from those who assume that he was guilty based on the summary. Folks, this is a real story about a real person, not something from xkcd. You should not be so quick to judge, especially when you didn't RTFA.

    The guy might be rotting the the slammer somewhere if it weren't for his wife who rounded up the competent resources to find out what really happened.

    I am infuriated because of the occasional poor summary posting that Slashdot seems to be proud of. If I see another story about an air-powered car again, I am going to puke and stop reading.

    --
    If I used a sig over again, would anyone notice?
    1. Re:The man was EXONERATED by QuietObserver · · Score: 1

      Agreed. In my opinion, this is also a classic example of society viewing a man as guilty, even after being proven innocent. It is unfortunate that there are so many people willing to believe the worst without any evidence whatsoever. Personally, I do my best to think the other way around; sadly, it's not easy with some of the more heinous crimes.

  182. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Natural Justice.
    In Australia such a person would get a swift court win because the other side must offer a right to rebuttal. In this case, the advisor needs to be sacked.

    The fact that the PC was not maintained by a non-negligent security policy, means their ICT area is not qualified, indicative of ignorant management.

  183. Re:..why Megan's law and "zero tolerance" is tyran by Cro+Magnon · · Score: 1

    "Sex offender" could also mean consentual sex with a 15 year 364 day old girl on his 18th birthday, or he got caught peeing in the bushes. Neither of which should be a capital offense.

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  184. Re:Lawyer: This, boys and girls, is why . . . by tehcyder · · Score: 1

    It is not clear what took three hours with this folder full of illegal pornography.
    Not a sentence I ever thought I'd see on /.
    --
    To have a right to do a thing is not at all the same as to be right in doing it
  185. Re:Lawyer: This, boys and girls, is why . . . by thesandtiger · · Score: 1

    Why would the malware developer do this? Easy:

    To be a dick, at the minimum. In some cases, as a prelude to blackmail, but really, being a dick is the most probable situation.

    Why do some people spraypaint graffiti on things? Why do some people key cars in parking lots? Why do some people throw rocks through windows? Because they're maladjusted assholes who want to fuck with people and see if they can get away from it. Sometimes they're not aware of the consequences to others, and sometimes they are and just don't give a fuck.

    Having the (not necessarily advanced) technical abilities needed to create or deploy basic malware does not somehow suddenly make an individual morally incapable of doing such a thing. I'm going to guess you're not a litigator if you don't understand this very common human trait (and good for you - try to keep a little bit of innocence :)) But really, you can't imagine a bored, socially inept 15 year old thinking it would be funny to use his newfound VB "skills" to fuck with people like this?

    And, I certainly can fault the employer. If the technical advice they were getting was so inept that some of the basic forensic stuff was missed (40 websites in a minute in the logs?) then that's really their fault for hiring inept people to do that job. Further, if those same technical people were so inept as to pass on a machine from one user to the next without at least reimaging it, that's on them. And, finally, there's the issue of the benefit of the doubt. Suspend the guy with pay while an investigation is done (by people who are clearly more skilled than whomever they had on staff) rather than fire him and submit charges on trafficking in child porn! I mean, jesus, even though the guy has been cleared, that kind of thing will *ruin* someone's life.

    Think of the children, sure, and hang 'em high if someone's found to actually be involved in child porn, but don't go wrecking people's lives (and the lives of their loved ones) on a witch-hunt backed solely on the basis of obviously incompetent technical advice.

    --
    Since I can't tell them apart, I treat all ACs as the same person.
  186. Porn or malware.. by epsy · · Score: 1

    ..which comes first?

  187. Been There by cparker15 · · Score: 1

    Something similar happened to me at a previous workplace, although the downloaded content wasn't this extreme (at least I assume). I was pulled into a room and told I was being fired for porn. The IT department had logs of hundreds of images being downloaded to my machine. (First off, if I were stupid enough to browse porn at work, it would have been VIDEOS on the blazing connection they had.)

    I asked to speak to someone in Human Resources and/or the IT department. Luckily, my boss agreed, and I was able to explain that I'd not done anything of the sort (with a big lump in my throat the entire time), and something else must have been going on. The Human Resources manager didn't believe me, but the IT guy agreed to inspect my machine before I was to be escorted out of the building and he found malware on it.

    A couple months later, my boss that agreed to let me speak to someone had something similar happen on his home PC, only it was with explicit popups that would appear randomly, and he was worried his young child was going to see them. This was a result of some fake screensaver Web site distributing malware as a browser (IE) exploit (he didn't even have to download a "screensaver"). He came to me for advice for getting rid of his trouble. I think at that point he finally believed me (I had a feeling he thought I was lying before the same happened to him).

    As a result of all that had transpired up to this point, the IT department started implementing more secure system settings, such as disabling all unsigned ActiveX and prompting for everything else. I'm amazed this hasn't happened where I am now, where everyone is set up as an Administrator on their own machine.

    --
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    You must wait a little bit before using this resource; please try again later.

  188. An excuse by BigJClark · · Score: 1


    Sounds to me, like the company was just dying for any lame-ass excuse to fire him. If he was a valuable employee, it may have been overlooked.

    --

    Hi, I Boris. Hear fix bear, yes?
    1. Re:An excuse by Anonymous Coward · · Score: 0

      That's right, blame the victim. You have no clue as to whether or not they had ulterior motives. You're no better than his so called "friends" that bolted the minute he was accused. Never mind that he was exonerated. He was accused so he must be guilty of something right? Typical.

  189. Practical Question by ukemike · · Score: 1
    Aside from preventing your own computer from getting compromised, how could a person ensure that there isn't unknown bad content on their computer? We have weak security on our PCs here at work, and others have gotten infected from time to time. After reading this, I did a search of the hard drive for all image files, and was happy to find nothing scary. But I would expect that if someone was using this PC for a server of "pure evil" then they wouldn't leave it in the open.

    Ooh now my curiosity has been piqued. I wonder what I would find on the two company laptops that go into the field frequently, have wireless, are shared, and have the minimum protection installed. Yikes!

    --
    -- QED
  190. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? One possibility is ransomware. It is not uncommon (or so I hear) for malware authors and evil hackers alike to upload child pornography or other illegal content, simply to extort the victim ("pay up or we'll expose what's on your hard drives", etc.). I believe there may actually be documented cases like this.

  191. Re:..why Megan's law and "zero tolerance" is tyran by Anonymous Coward · · Score: 0

    Chances are high that this pedophile (pederast is not the correct term) is not going to physically force any child to do anything she doesn't want to do. He is very likely not a violent human being. It is fine for your kids or anyone else to talk to him, but you should tell them that if he asks for sexual contact they should politely decline the offer. That way nobody freaks out, nobody gets ostracized, and everyone feels empowered. Contrary to what the state says, children are fully capable of declining sexual activity.

  192. Voting rights by Frank+T.+Lofaro+Jr. · · Score: 1

    In the same way that barring people from voting, after they have served their sentence, is also morally questionable.

    They do that so they can have a population that will vote for the same laws and the same people.

    "Loading the dice" so to speak.

    Only anti-drug-law people will be excluded from voting because of drugs - people who support the laws won't break them.
    Same with everything else.

    Also, the rich are more likely to escape prosecution.

    So it helps the rich get more votes than the poor, and the Republicans can will yet another election.

    Perhaps there will be a widespread voter purge to get McCain elected.

    --
    Just because it CAN be done, doesn't mean it should!
  193. Now knows his former "friends" never really were - by Frank+T.+Lofaro+Jr. · · Score: 2, Insightful

    "I hope to recover my reputation, but our friends all ran."

    Real friends wouldn't assume someone is guilty and shun someone - especially on evidence so flimsy.

    Real friends would try to assume someone was innocent.

    Real friends don't run like than. (If he was convicted in a fair trial that would be different).

    Bet if (when) he wins a multi-million dollar judgment his former "friends" will be back!!!

    "Oh, we hate perverts, we were just being careful, didn't want our kids hurt, or our reputation harmed, etc, I'm sure you understand, but since a court has ruled in your favor we know this must be the very rare exception where someone isn't guilty...

    Oh, and by the way, I need $80K for a downpayment, and you got $80M...."

    --
    Just because it CAN be done, doesn't mean it should!
  194. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    you may be guilty but we need to make sure your sentence is reasonable (a lot of people would like to hang a man for showing a kid his penis)

    I wouldn't want to implement such an unreasonable sentence either officially or as a vigilante.

    Hanging is too damn good for those pervert sickos!

    It is unreasonably lenient.

    How about a lifetime of imprisonment in physical and mental pain? As opposed to a nearly painless hanging (they have their neck broken - not strangled).

    The victim gets a life sentence.

  195. Re:Why? lots of reasons by darguskelen · · Score: 1

    You forgot that they wanted it faster. The more distributed it is, the faster it can be redistributed. Just look at any torrent...

  196. Cost Effective Security by bill_mcgonigle · · Score: 1

    He will, however, be suing them.

    Good. Security is never cost effective if you can push off the costs of not doing it onto someone else. Heck, some companies like Visa base their entire business model on this kind of thinking.

    If you're going to have an Employment Policy layered on a Porn Policy (gosh, what a bad idea in itself) layered upon a Security Policy, then your Security Policy ought to be pretty damn good, given the costs of a bad Employment Policy.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  197. Kiddy pr0n is a great framing tool by Anonymous Coward · · Score: 0

    1. Cops seize computer
    2. Set machine time back to pre-seizure
    3. Insert verboten pr0n.
    4. Set time to current.
    5. Accuse and prosecute.

    Different variations can be used. Bad pr0n can be sent in a borderline spam message so it never hits the users inbox but instead goes to a spam review folder.

  198. Re:Maybe for Government & High Security... by Anonymous Coward · · Score: 0

    ...but I doubt that this will really have THAT large an effect on his employability. He's already working in insurance, so he's not unemployed for life. As to applying for other jobs, it seems like virus / malware / trojans / etc are a quite sensible explanation to wrongful termination.

    That said, he should get some form of compensation because this did effectively end his position and any retirement benefits / etc that would be associated with it.

  199. Re:Lawyer: This, boys and girls, is why . . . by vux984 · · Score: 1

    Maybe you could get away with it a few times. The risk and penalties are so extreme I wouldn't chance it for no reason (and there is no rational reason for doing so). Depositing evidence on a government computer is pretty foolish, no matter how incompetent you believe the FBI are.

    Firstly this isn't really about 'incompetence'. Its the reality of the internet.

    If your hacked US governement computer is being remote controlled by a PC in China which is itself being remote controlled by a PC in England, which is itself being remote controlled by a PC in Mexico which is accepting IRC commands from a channel where they are being put there by a PC in Canada, which is remote controlled by a PC in Cuba. All of these links will be SSL of course.

    Seriously, the FBI will be exceedingly lucky if they can push back one hop from China to England without Chinese help in real-time as it is happening. Tracing it back to the guy in Cuba is virtually impossible. And he's probably using his laptop at an internet cafe using a spoofed MAC address.

    Secondly, even if he did get caught, he's in Cuba. The US doesn't exactly have full cooperation from Cuba.

    Thirdly he's distributing child porn... clearly he's already accepted extreme risk and penalty.

  200. Re: prior art? by An+anonymous+Frank · · Score: 1

    Sounds like the movie "Untraceable" (2007 or 2008).

    Any hoot, I'd think spreading this sort of "material" bot-wide would serve to (eventually) lessen to risk of prosecution for holding such content or at least increase the complexity of the process of discovery or incrimination.

  201. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    People sometimes just do things for fun. And it's hard to understand other people's fun sometimes you know, just like you don't always understand other people's joke.

  202. Re:..why Megan's law and "zero tolerance" is tyran by DrVomact · · Score: 1

    I couldn't agree more. Even if a person is guilty, I don't think they should, in effect, have a brand burned into their forehead. They should, depending on the offense and the discretion of the court, be placed under permanent surveillance as a condition of their release. (I'm talking about violent rapists or people who actually sexually assaulted children—not just watched child porn.) This has nothing to do with paying any alleged debt to society, but with protecting children and adult women from rapists or exploitation. But the surveillance shouldn't take the form of making life impossible for the convicted offender. If they're truly that dangerous, they should not be let out of jail. Ever.

    The biggest problem I see with the treatment of "sex offenders" in the U.S. is that not only are our courts fallible, and sometimes convict the innocent, but the definition of what constitutes a "sex offense" is far broader than most people know. For example, if a teen-ager over a certain age has sex with a girl who is a year younger than he is, he may be classified as a "sex offender".

    The U.S. is just hysterical on the whole topic of "the children". I once had a friend who was accused by his wife of molesting his two and three year old daughters as part of the divorce proceedings. I knew the individuals involved, and I am completely convinced that the guy was innocent. (The sum total of the charges was this: his ex caught him napping with the kids; she said his hand was resting in one daughter's groin...well sheesh, the guy was asleep.) He wasn't actually brought up on criminal charges—however, the mere threat of such charges meant that he automatically lost the right to all contact with his children (not to mention being financially screwed in every way possible by his ex.). I guess he was lucky...this was back in the eighties, and I think may "zero tolerance" hadn't set in yet.

    --
    Great men are almost always bad men--Lord Acton's Corollary
  203. Re:Lawyer: This, boys and girls, is why . . . by DrVomact · · Score: 1

    Judging from the article summary, the porn was found among the "internet temporary files" on the laptop. In other words, the images were cached by the browser. This could and would happen if there was some background program running that connects automatically to these sites, and the user would never see the images. (How often do you go look to see what's in your cache?

    Here's a question for you: as I understand it, Firefox follows links on any page you're reading and loads them in the background. Suppose you hit a site that contains links to child porn—possibly even invisible links. Could Firefox pre-load these pages? If so, wouldn't they show up in your cache? —I'm not saying that Firefox does this; I'm asking.

    --
    Great men are almost always bad men--Lord Acton's Corollary
  204. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    Personally, I'm skeptical about the idea of malware that secretly downloads and hides kiddie porn--why would the malware developer do that? There are a number of logical reasons. Off the top of my head...

    * To DDoS a competitor's web site
    * To fake page views for advertisers on their own web site
    * Someone paid them to do that
    * Shits & giggles
  205. Re:Lawyer: This, boys and girls, is why . . . by Anonymous Coward · · Score: 0

    to store the illegal files on his pc and act as a server host. Boy you lawyers might now your law but sure are dumb as bricks when it comes to PC's.

  206. Nobody ever got fired for using winbloze? by BattyMan · · Score: 1
    (assuming that the victim was a locked-down end luser)...

    ...you really can't blame Windows since he had absolutely no control of the matter, it's squarely on the head of the IT guys.

    Who were using and administering... winbloze.
    If "it's so easy", how come "professional" admins could not protect this guy and his company from downloading and storing kidde pr0n?
    --
    Exceeding the recommended torque is not recommended.
    1. Re:Nobody ever got fired for using winbloze? by jollyreaper · · Score: 1

      Who were using and administering... winbloze.
      If "it's so easy", how come "professional" admins could not protect this guy and his company from downloading and storing kidde pr0n? I didn't say it was easy but that's what you pay the admins for. I don't like Windows but it can be secured for this kind of thing. The end user wasn't the dumbass if he wasn't the local admin, the IT guys would be the dumbasses here.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
  207. It's got to be said. by Anonymous Coward · · Score: 0

    "My name is Chuck, and I'm here to --" "Wiggle your big toe."

  208. Re:Lawyer: This, boys and girls, is why . . . by Hoi+Polloi · · Score: 1

    All you have to prove is that the accused weighs the same as a duck. Bingo, there is your witch!

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  209. Re:Lawyer: This, boys and girls, is why . . . by bluefoxlucid · · Score: 1

    The victim gets a life sentence. *giggle*
  210. Re:It was Windows, of course. by jedidiah · · Score: 1

    > But Windows can be perfectly secure if you want it to ...mebbe if you put it in a faraday cage.

    It's not at all clear that this machine was used in a manner that would have allowed for that.

    Windows is very much a "convenience is more important than security" sort of system.
    That's why it's prone to this sort of BS. Poorly thought out notions of ease of use
    take precedence over good sense. ...versus well thought out ease of use (MacOS) or paranioa (Unix).

    --
    A Pirate and a Puritan look the same on a balance sheet.
  211. Re:I don't put it past the hackers to infect with by sjames · · Score: 1

    Agreed, especially when there are people out there swatting people just for fun. Swatting has a non-zero chance of getting someone killed.

  212. Re:Now knows his former "friends" never really wer by Dread_ed · · Score: 1

    On a similar note, I decided long ago that if I ever receive a large settlement or win the lottery I will give all the people I do not like $1000 in cash.

    Than I shall laugh hysterically in their faces and, through my tears, say something like "Imagine how much I would have given you if you weren't such a douche!"

    --
    When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  213. Re:Lawyer: This, boys and girls, is why . . . by 1u3hr · · Score: 1
    If your hacked US governement computer is being remote controlled by a PC in China which is itself being remote controlled by a PC in England, which is itself being remote controlled by a PC in Mexico which is accepting IRC commands from a channel where they are being put there by a PC in Canada, which is remote controlled by a PC in Cuba. All of these links will be SSL of course.

    And if you have control of all these computers in other countries, why the hell would you use them to put illegal, unencrypted files on to the laptop of a government employee in the US? And good luck getting more than a few bytes a second through such a chain.

    The question is not if it's possible, the question is WHY would anyone do that? Just use the PC in China if you have control of that.

    Anyway, there was no suggestion (except here) that the files were being stored or served from the laptop (a laptop connected intermittently by wifi wouldn't be my choice as a server). People love to construct elaborate conspiracy theories. Most likely the files were simply left in the browser cache as a side effect of some penny-ante scheme that sent the PC around a bunch of websites and simulated clicks on banners.

  214. That is not what I said by freenix · · Score: 1

    I said that he would have been spared the trouble if he had the skill and nerve to use GNU/Linux. I then gave some solid reasons for being allowed to do so. Having the skill is useless if you can't use it. Finally, it takes courage to get it done in most places because people like you feel threatened by people like me and say bad things. In the end, your own set of tools will save you from a lot of problems the obviously inadequate tool the poor guy got.

    1. Re:That is not what I said by dedazo · · Score: 1

      he would have been spared the trouble if he had the skill and nerve to use GNU/Linux

      Riiight, which is why you were rightfully modded down as the troll you are, "freenix".

      I then gave some solid reasons for being allowed to do so.

      The "you've never had a real job at a real company" thing repeated by all these people is not sinking in, is it.

      because people like you feel threatened by people like me

      Hahaha! I dare say it works the other way around, twitter. Most people can dismiss mindless extremism like yours offhand, but have a hard time doing the same to well-reasoned arguments.

      and say bad things

      It's weird that you are not 13 years old. Has anyone else ever said that to you? If they have, you should be worried.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
    2. Re:That is not what I said by deadzero · · Score: 0

      Freenex, you need to ignore this tool. Follow my homepage to see why.

      --
      Political torture and murder is not funny http://slashdot.org/comments.pl?sid=581079&cid=23757591
    3. Re:That is not what I said by freenix · · Score: 0

      Ewwww, he acts like a fanboy and he is. "Never had a real job," what a joke. I wonder how much that idiot has cost the companies he works for by demanding all of that buggy crap?

    4. Re:That is not what I said by dedazo · · Score: 1
      Hahah, oh my god twitter, you're such a riot. But hey, pretty soon all your sockpuppets will be at negative karma, and who knows? Maybe you'll learn that having conversations with yourself on a public forum is not healthy.

      Probably not though. After all, all those people are still the same infantile moron.

      --
      Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  215. Depends on your operating system. by elucido · · Score: 1

    linux, at least with the selinux security enhancements designed by the nsa, is extremely difficult to hack into via trojan. What makes it difficult are the file permissions.

    I could get in for example, but unless you give my program root access it wont help me very much.

    So I'd have to convince you to give my binary program root access, thats going to be fairly difficult when you could just compile the source code yourself.

    1. Re:Depends on your operating system. by corbettw · · Score: 1

      I think you either are seriously confused about what hard drive encryption is, or you replied to the wrong comment. I think the latter is more likely, but you never know.

      --
      God invented whiskey so the Irish would not rule the world.
  216. Posession == 9/10ths of Law .: he should be execut by Anonymous Coward · · Score: 0

    executed as a pedophile,
    or imprisoned for life without parole.

    If they haven't the balls to do it to him, they WILL have the balls to do it to others.

    Whether you "put" the kiddie-porn there or not is not relevant: possession == conviction.