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Of all the sinister things that Internet viruses do, this might
be the worst: They can make you an unsuspecting collector of child
pornography.
Heinous pictures and videos can be deposited on
computers by viruses — the malicious programs better known for swiping
your credit card numbers. In this twist, it's your reputation that's
stolen. Pedophiles can exploit virus-infected PCs to remotely
store and view their stash without fear they'll get caught. Pranksters
or someone trying to frame you can tap viruses to make it appear that
you surf illegal Web sites. Whatever the motivation, you get child porn on your computer — and might not realize it until police knock at your door. An
Associated Press investigation found cases in which innocent people
have been branded as pedophiles after their co-workers or loved ones
stumbled upon child porn placed on a PC through a virus. It can cost
victims hundreds of thousands of dollars to prove their innocence. Their
situations are complicated by the fact that actual pedophiles often
blame viruses — a defense rightfully viewed with skepticism by law
enforcement. "It's an example of the old 'dog ate my homework'
excuse," says Phil Malone, director of the Cyberlaw Clinic at Harvard's
Berkman Center for Internet & Society. "The problem is, sometimes
the dog does eat your homework." The AP's investigation included
interviewing people who had been found with child porn on their
computers. The AP reviewed court records and spoke to prosecutors,
police and computer examiners. One case involved Michael Fiola, a former investigator with the Massachusetts agency that oversees workers' compensation. In
2007, Fiola's bosses became suspicious after the Internet bill for his
state-issued laptop showed that he used 4½ times more data than his
colleagues. A technician found child porn in the PC folder that stores
images viewed online. Fiola was fired and charged with possession
of child pornography, which carries up to five years in prison. He
endured death threats, his car tires were slashed and he was shunned by
friends. Fiola and his wife fought the case, spending $250,000 on
legal fees. They liquidated their savings, took a second mortgage and
sold their car. An inspection for his defense revealed the laptop
was severely infected. It was programmed to visit as many as 40 child
porn sites per minute — an inhuman feat. While Fiola and his wife were
out to dinner one night, someone logged on to the computer and porn
flowed in for an hour and a half. Prosecutors performed another test and confirmed the defense findings. The charge was dropped — 11 months after it was filed. The
Fiolas say they have health problems from the stress of the case. They
say they've talked to dozens of lawyers but can't get one to sue the
state, because of a cap on the amount they can recover.
"It ruined my life, my wife's life and my family's life," he says.The Massachusetts attorney general's office, which charged Fiola, declined interview requests. At
any moment, about 20 million of the estimated 1 billion
Internet-connected PCs worldwide are infected with viruses that could
give hackers full control, according to security software maker
F-Secure Corp. Computers often get infected when people open e-mail
attachments from unknown sources or visit a malicious Web page. Pedophiles
can tap viruses in several ways. The simplest is to force someone
else's computer to surf child porn sites, collecting images along the
way. Or a computer can be made into a warehouse for pictures and videos
that can be viewed remotely when the PC is online. "They're kind
of like locusts that descend on a cornfield: They eat up everything in
sight and they move on to the next cornfield," says Eric Goldman,
academic director of the High Tech Law Institute at Santa Clara
University. Goldman has represented Web companies that discovered child
pornographers were abusing their legitimate services. But pedophiles need not be involved: Child porn can land on a computer in a sick prank or an attempt to frame the PC's owner. In
the first publicly known cases of individuals being victimized, two men
in the United Kingdom were cleared in 2003 after viruses were shown to
have been responsible for the child porn on their PCs. In one case, an infected e-mail or pop-up ad poisoned a defense contractor's PC and downloaded the offensive pictures. In
the other, a virus changed the home page on a man's Web browser to
display child porn, a discovery made by his 7-year-old daughter. The
man spent more than a week in jail and three months in a halfway house,
and lost custody of his daughter. Chris Watts, a computer
examiner in Britain, says he helped clear a hotel manager whose
co-workers found child porn on the PC they shared with him. Watts
found that while surfing the Internet for ways to play computer games
without paying for them, the manager had visited a site for pirated
software. It redirected visitors to child porn sites if they were
inactive for a certain period. In all these cases, the central
evidence wasn't in dispute: Pornography was on a computer. But proving
how it got there was difficult. Tami Loehrs, who inspected
Fiola's computer, recalls a case in Arizona in which a computer was so
"extensively infected" that it would be "virtually impossible" to prove
what an indictment alleged: that a 16-year-old who used the PC had
uploaded child pornography to a Yahoo group. Prosecutors dropped
the charge and let the boy plead guilty to a separate crime that kept
him out of jail, though they say they did it only because of his age
and lack of a criminal record. Many prosecutors say blaming a computer virus for child porn is a new version of an old ploy. "We call it the SODDI defense: Some Other Dude Did It," says James Anderson, a federal prosecutor in Wyoming. However, forensic examiners say it would be hard for a pedophile to get away with his crime by using a bogus virus defense. "I
personally would feel more comfortable investing my retirement in the
lottery before trying to defend myself with that," says forensics
specialist Jeff Fischbach. Even careful child porn collectors
tend to leave incriminating e-mails, DVDs or other clues. Virus
defenses are no match for such evidence, says Damon King, trial
attorney for the U.S. Justice Department's Child Exploitation and
Obscenity Section. But while the virus defense does not appear to
be letting real pedophiles out of trouble, there have been cases in
which forensic examiners insist that legitimate claims did not get
completely aired. Loehrs points to Ned Solon of Casper, Wyo., who
is serving six years for child porn found in a folder used by a
file-sharing program on his computer. Solon admits he used the
program to download video games and adult porn — but not child porn. So
what could explain that material? Loehrs testified that Solon's
antivirus software wasn't working properly and appeared to have shut
off for long stretches, a sign of an infection. She found no evidence
the five child porn videos on Solon's computer had been viewed or
downloaded fully. The porn was in a folder the file-sharing program
labeled as "incomplete" because the downloads were canceled or
generated an error. This defense was curtailed, however, when
Loehrs ended her investigation in a dispute with the judge over her
fees. Computer exams can cost tens of thousands of dollars. Defendants
can ask the courts to pay, but sometimes judges balk at the price.
Although Loehrs stopped working for Solon, she argues he is innocent. "I don't think it was him, I really don't," Loehrs says. "There was too much evidence that it wasn't him." The
prosecution's forensics expert, Randy Huff, maintains that Solon's
antivirus software was working properly. And he says he ran other
antivirus programs on the computer and didn't find an infection —
although security experts say antivirus scans frequently miss things. "He actually had a very clean computer compared to some of the other cases I do," Huff says. The jury took two hours to convict Solon. "Everybody
feels they're innocent in prison. Nobody believes me because that's
what everybody says," says Solon, whose case is being appealed. "All I
know is I did not do it. I never put the stuff on there. I never saw
the stuff on there. I can only hope that someday the truth will come
out." But can it? It can be impossible to tell with certainty how a file got onto a PC. "Computers
are not to be trusted," says Jeremiah Grossman, founder of WhiteHat
Security Inc. He describes it as "painfully simple" to get a computer
to download something the owner doesn't want — whether it's a program
that displays ads or one that stores illegal pictures. It's possible, Grossman says, that more illicit material is waiting to be discovered. "Just because it's there doesn't mean the person intended for it to be there — whatever it is, child porn included."
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