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The Danger of Viruses and a Computer Illiterate Prosecution

November 10th, 2009

More and more these days, the charge of using child porn can fall on unsuspecting computer users who would never in a million years even think of downloading child porn. Computer viruses exist which can make your computer download volumes of the filth without you being aware of it–until the police come knocking at your door. They’ll believe the initial IP evidence and then stop thinking about it–there’s porn found, so you’re guilty.

More than a year ago, I wrote about the case of a 53-year-old for Massachusetts’ Department of Industrial Accidents who was doubly victimized: the incompetent IT staff who gave him a computer with anti-virus protection turned off. The unsuspecting worker used the computer, not knowing it was riddled with malware, some of it downloading child porn. The same inept IT workers saw the stuff being downloaded, jumped to conclusions, and pointed the finger at this guy, ruining his life. Despite the fact that a cursory review of evidence would have immediately shown that a virus was responsible, IT staff and prosecutors alike simply assumed, and that was that.

To add insult to injury, a cap on lawsuit awards has made it impossible for the man to find an attorney willing to sue for damages.

But this guy is not the only one falling prey to this kind of virus. Anyone who gets it can have the same thing happen, and they will find that it is very hard to prove one’s innocence. Police believe the victim is just using the “SODDI” defense: “Some Other Dude Did It.” Hiring experts to sift through the data and prove it was malware can be prohibitively expensive; the Massachusetts worker spent a quarter of a million dollars to do so, pretty much wiping them out financially–and for the rest of his life, he’ll be fighting off the stigma applied to him carelessly.

Lesson learned: anti-virus protection is even more important than you realize.

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  1. Roger
    November 10th, 2009 at 14:50 | #1

    Luis,
    Is the recommendation for anti-virus protection also apply to Macs?… and if so do you have a recommended software package? So far I’ve kept no anti-virus protection on my several Macs… and I understood that, for the time being, with no Mac viruses in the wild, that it was not a bad risk to do that. Thanks.

    That said… it is disturbing how easily people can be convicted on poor or incomplete evidence. I am reminded of the Cameron Todd Willingham case (the Texas arson conviction… and execution).

  2. Luis
    November 10th, 2009 at 17:20 | #2

    Roger:

    Currently, Macs don’t need virus protection. There are several packages, but there’s not too much value to them right now. There are a few pieces of malware out there, but as far as I know, they are all trojan horses. Last I heard, there are only 2 in-the-wild pieces of malware for the Mac, both trojans. One is a trojan horse which is spread by porn sites; dubbed “OSX.RSPlug.A,” it pretends allow you to watch porn videos. It’s a PC trojan, but was ported to the Mac. Other than that, there’s some proof-of-concept stuff that (a) doesn’t do anything, (b) usually requires a lot of work to get onto your Mac, and (c) was made primarily as an experiment and is not seen “in the wild.” Another was a trojan (OSX.Trojan.iServices.A) being spread by illegal torrent downloads of iLife. There have been no reports of that trojan being used in any other Mac software, torrented or not.

    So the best advice is, just don’t download software from an untrusted source, and you should be 100% safe. (Which also happens to be even better advice for PC users.)

    That said, there is no guarantee that a serious trojan won’t come out tomorrow, or the next day, or the next. All that I can say is that I have been saying “there’s no guarantee…” for several years now, and very little has changed in that time. No viruses, no worms, and only two trojans with a near-nil chance of getting them… still, I have to say “there could be a hundred by tomorrow” simply because it could happen–I simply don’t expect it.

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