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Suspected pedophile cleared by computer forensics
register ^ | 28/10/2003 | John Leyden

Posted on 10/29/2003 4:26:42 AM PST by stainlessbanner

IT forensics firm Vogon has explained how its work helped clear a man accused of storing child pornography on his computer by proving his PC was contaminated by Trojan horse infection capable of downloading illicit images onto his machine.

Julian Green was arrested in October 2002 after police raided his home and found 172 indecent pictures of children on his hard drive. His solicitor, Chris Bittlestone of South Devon law firm Kitson Hutchings, called in one of Vogon International's forensic investigators, Martin Gibbs, to help.

A clone of Green's hard drive was sent to Vogon International in Bicester, where it was imaged and processed in the forensic laboratory using Vogon's specialist software. The data was then extensively examined and a report prepared, which highlighted that the Trojans were most likely to have come from unsolicited emails that Green opened before he deleted them.

Gibbs identified 11 Trojan horse programs on Green's computer which were set to log onto "inappropriate sites" without Green's permission whenever he loaded up a browser to access the Internet.

These findings were decisive in clearing Green of the 13 charges of making indecent images he faced at Exeter Crown Court this summer. On receiving evidence from Vogon the prosecution decided to drop the case.

"The prospects of my client being able to effectively defend himself without Vogon's help were very remote," said Bittlestone. "The stakes for him were extremely high - if he had been convicted, prison was a strong likelihood.

"The maximum sentence for possession of such images is ten years' imprisonment, and anyone convicted of such a matter would have become subject to registration with the police as a sex offender for a period of five years. Martin Gibbs' report was pivotal in this very important case."

Green's acquittal is one of three recent cases where a Trojan defence has succeeded in a British court. In April this year, Karl Schofield, 39, was cleared of possession of child porn when prosecutors accepted expert testimony that the unnamed Trojan could have been responsible for the presence of 14 child porn images on his PC.

Aaron Caffrey, the teenager hacker accused of crippling the Port of Houston's web-based systems, was found not guilty of computer crime offences this month after a jury accepted his story that attackers used an unspecified Trojan to gain control of his PC and launch the assault.

The prosecution argued that no trace of Trojan infection was found on Caffrey's PC but the defence was able to counter this argument with testimony from Caffrey that it was possible for a Trojan to wipe itself.

Nobody is disputing the validity of these verdicts, however legal and security experts have expressed concerns that the Trojan defence might become subject to misuse.

Vogon's Gibbs believes such concerns have been overplayed.

"I don't believe, as some have suggested, that recent cases with 'open the floodgates' to Trojan defences in cybercrime cases. When we look at how indecent images got onto a PC, for example, there is more to substantiate a claim that a Trojan was responsible than just the viral infection of a PC," Gibbs told The Register.

Gibbs was reluctant to go into details but said that factors like file directory structures and registry entries are among the items it considers when making a forensic examination of evidence. Vogon is asked to carry out computer forensic examinations in a variety of civil and criminal cases, working for both the prosecution and defence.

When a Trojan defence is used in a criminal case it is "down to the prosecution expert to dispute the claim", Gibbs added. ®


TOPICS: Crime/Corruption; Culture/Society; Technical
KEYWORDS: childpornography; computer; forensics; investigation; it; pedophile

1 posted on 10/29/2003 4:26:42 AM PST by stainlessbanner
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To: stainlessbanner
172 porn pictures and he claims it was a virus? LOL
2 posted on 10/29/2003 4:28:55 AM PST by ClintonBeGone
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To: stainlessbanner
Epretty obvious something was wrong with my machine. Every time I got on the web, within minutes I would have 6 or 7 new browswer windows open up. I eventually tracked down the offenders and got rid of them. Things like Spy-Bot and Adware helped, remove some stuff, but did not get a couple key executable files that kept causing problems.
3 posted on 10/29/2003 4:35:54 AM PST by Always Right
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To: ClintonBeGone
172 porn pictures and he claims it was a virus? LOL

It is possible, but I think he would have noticed it. There are too many signs that your computer is doing something. General new windows pop up or your computer gives you warnings.

4 posted on 10/29/2003 4:38:27 AM PST by Always Right
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To: ClintonBeGone
172 porn pictures and he claims it was a virus? LOL

Why not? A downloaded file doesn't have to open a window. Do you have Control Panels>Folder Options>View set to "show hidden files and folders?"

5 posted on 10/29/2003 5:50:44 AM PST by Grut
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To: Always Right
re: There are too many signs that your computer is doing something. )))

It can be a scary thing to have garbage popping up unwanted on your email, when you're an "operator" as opposed to a computer "mechanic"--I finally changed servers with a spam-blocker. Is there stuff on my drive I don't want? Maybe.

I can believe he didn't have perfect knowledge of what is in his hard drive, because I sure don't.

6 posted on 10/29/2003 5:54:34 AM PST by Mamzelle
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To: stainlessbanner
...the Vogons take a break from writing poetry, demolishing planets, and smashing scintillating crabs...
7 posted on 10/29/2003 8:10:53 AM PST by Hegemony Cricket (And always let our conscience be your guide.)
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To: ClintonBeGone
ClintonBeGone said: "172 porn pictures and he claims it was a virus? LOL"

I usually leave the sound on my computer at the lowest setting. When I connect to my ISP I can hear the tones and the modem handshake which establishes the connection speed.

Several months ago, I was on the net while reading a long article. I may have stepped away from my computer for a while. When I returned and resumed reading, I suddenly heard the dial-tone followed by an unfamiliar touch-tone number. It was more than seven digits, so I knew it was not my local ISP. I immediately pulled the phone cord from the back of my machine. This hasn't happened since but I am quite watchful.

A friend of mine uses Outlook for email in Windows XP and finds that Windows Messenger is running and he doesn't want it. He was told that he can't disable it and still receive his email.

Are there any Freeper experts able to say how to disable Windows Messenger and still maintain email service?

8 posted on 10/29/2003 2:22:08 PM PST by William Tell
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To: William Tell
Are there any Freeper experts able to say how to disable Windows Messenger and still maintain email service?

I have XP and have never even turned Windows Messenger on.  I use Netscape  for email.  No problemo.
9 posted on 10/29/2003 2:59:05 PM PST by gcruse (http://gcruse.typepad.com/)
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To: William Tell
Are there any Freeper experts able to say how to disable Windows Messenger and still maintain email service?

I use a program called STARTUP COP that allows you to disable anything from automatically starting in your lower right hand side task bar. You would just have to open the program manually to get your hotmail or whatever MSN email you use.

10 posted on 10/29/2003 5:00:09 PM PST by ClintonBeGone
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