Krypt3ia

(Greek: κρυπτεία / krupteía, from κρυπτός / kruptós, “hidden, secret things”)

Framed for Child Porn: The State of Digital Forensics and the Law

leave a comment »

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.

Full Article

Aside from the US pronunciation of Paedophile, I can’t fault the premise here nor the overarching idea that the American justice system is ill prepared to handle these cases properly.

Having been on the periphery of the Amero case, I saw first hand how the prosecution, the police, and the legal system in general were really quite incapable of understanding the evidence never mind the principles behind the processes going into gathering  that evidence “per legal requirements”

So, that brings us up to this article and the case it cites. This poor bastard has had his life ruined because of a piece of malware and a lack of comprehension on the part of the justice system. His life is ruined and he has no redress because the state cannot be sued for any amount of money worth suing for! That is utter bullshit and it has to stop.

Now, on the side of the  equation, it can be difficult if not darn near impossible at times to say unequivocally, that someone actually “did” the crime in question. It is all dependent on many factors when you take a “no write” image of the subject machine. Had the machine been tampered with before seizure? Is there malware on there that is home brew and subtle enough to miss? have the users ID and password been compromised and the system physically accessed by someone else to perform these acts?

Many questions and as an expert witness you may not be able to decisively say yes to anything. It’s a slippery slope. Now add to this that there are many prosecutors out there looking to make a mark on the world by making a case even with weak or no real concrete evidence to prove it. All of this could find you in jail with no real way to prove your innocence because the system still does not “get” the whole “Digital Forensics” thing.

All I know is I am going to take that CHFI test and hope that the system changes…

Written by Krypt3ia

2009/11/11 at 00:29

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: