Framed for child porn — by a computer virus

Framed for child porn — by a computer virus

By JORDAN ROBERTSON

AP Technology Writer

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 41‚Ñ2 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. 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.

Prosecutors performed another test and confirmed the defense findings. The charge was dropped — 11 months after it was filed.

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.

But though 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.

One case is 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.

An expert 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 prosecution’s forensics expert, Randy Huff, maintains that Solon’s antivirus software was working properly.