Impact: Framed For Child Porn _ By A Pc Virus


Computer

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, its your reputation thats stolen.

Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear theyll 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.

“Its an example of the old dog ate my homework excuse,” says Phil Malone, director of the Cyberlaw Clinic at Harvards Berkman Center for Internet & Society. “The problem is, sometimes the dog does eat your homework.”

The APs 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, Fiolas bosses became suspicious after the Internet bill for his state-issued laptop showed that he used 4 1/2 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.

The Fiolas say they have health problems from the stress of the case. They say theyve talked to dozens of lawyers but cant get one to sue the state, because of a cap on the amount they can recover.

“It ruined my life, my wifes life and my familys life,” he says.

The Massachusetts attorney generals 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 elses 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.

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