CRIME Interesting and with interesting implications

From: Todd Ellner (tellner@private)
Date: Mon Aug 11 2003 - 08:49:03 PDT

  • Next message: Robert D. Young: "RE: CRIME Interesting and with interesting implications"

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    Acquitted Man Says Virus Put Pornography on Computer
    
    August 11, 2003
     By JOHN SCHWARTZ 
    
    
    
    
     
    
    One evening late in 2001, Julian Green's 7-year-old
    daughter came upstairs from the computer room of their home
    in the resort town of Torquay, in western England, and
    said, "The home page has changed, and it's something not
    very nice." 
    
    When Mr. Green checked the machine, he found that the
    family PC seemed almost possessed. The Internet home page
    had somehow been switched so that the computer displayed a
    child pornography site when the browser software started
    up. Even if he turned the machine off, it would turn itself
    back on and dial the Internet on its own. 
    
    Mr. Green called the computer maker and followed
    instructions to return his PC to a G-rated state. The
    pornography went away, but the computer still often crashed
    and kept connecting to the Internet even when "there was no
    one in the blinking house," he said. 
    
    But Mr. Green's problems were only beginning. Last October,
    local police knocked on his door, searched his home and
    seized his computer. They found no sign of pornography in
    his home but discovered 172 images of child pornography on
    the computer's hard drive. They arrested Mr. Green. 
    
    This month, Mr. Green was acquitted in Exeter Crown Court
    after arguing that the material had been gathered without
    his knowledge by a rogue program created by hackers - a
    so-called Trojan horse - that had infected his PC, probably
    during innocent Internet surfing. Mr. Green, 45, is one of
    the first people to use this defense successfully. 
    
    While a case that played out in the British legal system
    sets no precedent in the United States, legal experts say
    the technical issues raise two troubling possibilities. For
    one, actual child pornographers could arm themselves with a
    new alibi that would be difficult to disprove. Or,
    unknowing Web surfers could find themselves charged with
    possessing illegal material that a lurking software program
    has acquired. 
    
    "The scary thing is not that the defense might work," said
    Mark Rasch, a former federal computer crime prosecutor.
    "The scary thing is that the defense might be right," and
    that hijacked computers could be turned to an evil purpose
    without an owner's knowledge or consent. 
    
    "The nightmare scenario," Mr. Rasch said, "is somebody
    might go to jail for something he didn't do because he was
    set up." 
    
    Mr. Green was eventually exonerated, but his life has been
    turned upside down by the accusations. His ex-wife went to
    court soon after his arrest and gained custody of their
    youngest child and his house. Mr. Green, who is disabled
    because of a degenerative disk disease, spent nine days in
    prison and three months in a "bail hostel," or halfway
    house, and was allowed only supervised visits with his
    daughter. 
    
    "There's some little sicko out there who's doing this," Mr.
    Green said, "and he's ruined my life. I've got to fight to
    get everything back." 
    
    He said he had no clue how the rogue software showed up on
    his computer. "I never download anything. and as far as I
    knew, no others had," he said. 
    
    When his solicitor, Chris Bittlestone, hired a computer
    security consultant to examine the PC, nearly a dozen
    Trojan horse programs showed up on the hard drive. "When
    the report came in, it was very much what you would call a
    eureka moment," Mr. Bittlestone said. But Mr. Green took
    the news differently. 
    
    "He was very quiet and said, `See? I told you,' " Mr.
    Bittlestone recalled. 
    
    Tony Dearsley, the computer investigations manager for
    Vogon International Ltd., the company that examined the
    machine, says Trojan horse programs are increasingly
    common. 
    
    "Any Web site could contain this sort of thing," he said.
    "The reputable ones don't. The less reputable ones may."
    Anyone using the computer who visits sites offering legal
    adult fare, gambling or even a music file-swapping site
    might pick up malicious software, he said. 
    
    Mr. Green, who now lives with his son and his 83-year-old
    mother in the nearby town of Paignton, said that it was
    possible that some member of his family had accidentally
    infected the computer in that way. "I know my son had a
    look at some iffy sites," he said. "He's a teenager." 
    
    Antivirus software and programs like Ad-Aware can ferret
    out and disable Trojans, but they must be kept up to date
    to be effective in a fast-changing field. Mr. Green said
    that he had antivirus software on his computer, but that it
    was outdated. 
    
    The police would not disclose the source of the original
    tip in the case, but Mr. Green noted that the raid came two
    weeks after he had won custody of his daughter in court.
    Mr. Bittlestone would not comment directly on the matter.
    "Calls may well have been made," he said. "I'm not quite
    sure what the dynamics were within the family at that
    time." 
    
    Mr. Bittlestone said that he was troubled that prosecutors
    did not mention the Trojan programs after his client's
    arrest: "Either the police didn't spot this issue, or if
    they did spot it they chose not to pursue it." Mr. Green,
    he said, is now considering a lawsuit against the police. 
    
    Calls to the local police in Mr. Green's area were referred
    late on Friday to the pedophile unit at Ashburton, which
    could not be reached. But the prosecutor in the case, David
    Sapieca, told the BBC: "We don't accept the conclusions of
    the defense expert report, but there were already other
    issues in the case regarding the history of the computer
    itself. We cannot show that Mr. Green downloaded the images
    on to the computer, so the Crown reluctantly offer no
    evidence in this case." 
    
    Mr. Green's case could point the way to a new defense in
    courts in the United States, said Andrew Grosso, a lawyer
    and former federal prosecutor in Washington. The presence
    of a Trojan could mean that the computer is "not entirely
    under your control," he said, and a defendant could
    "legitimately point a finger elsewhere." 
    
    A senior official at the Department of Justice said that
    the defense, while novel, might not hold up in court.
    "There are ways to look at the evidence to see if something
    like this - even if it is present - is responsible for the
    conduct at issue," the official said. Thus a prosecutor
    would scan the computer to make sure that it did, in fact,
    have rogue software, and would try to determine whether the
    software could do what the defendant claimed that it did. 
    
    In a child pornography case, he said, investigators would
    also try to discover other corroborating evidence, like
    Internet communications with known pedophiles, or a stack
    of child pornography in the suspect's home. 
    
    Mr. Bittlestone said: "You will only be able to use this
    defense if you can show that Trojan horse viruses have
    infected" a computer. If not, he said, "You have to account
    for your actions." 
    
    Mr. Green said that despite the disruption in his life,
    things could have been much worse: he could have spent
    years in prison, lost all visitation rights to see his
    daughter, and could have been entered into lists of sex
    offenders. "There would have been no point to living after
    that," he said. "Everything is just taken away from you." 
    
    But he said he had no sympathy for pedophiles and users of
    child pornography, many of whom he met in the bail hostel.
    He called them "nasty little people," and said, "Whatever
    they do to them isn't enough." 
    
    Things are beginning to turn around for him since the
    British press has written about his acquittal, he said. One
    of the parents from his daughter's school, who hadn't
    spoken to him since the arrest, began talking to him the
    other day. 
    
    "She must have said, `Perhaps he's not a pervert after
    all,' " Mr. Green said. 
    
    http://www.nytimes.com/2003/08/11/technology/11PORN.html?ex=1061616309&ei=1&en=0026a2e0dcad4fd8
    
    
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