Trojan Horse defence keeps kiddie porn suspect out of jail
A possible solution to the Peer-to-Peer music swappers being harassed by the RIAA
08-01-2003 2:35:53 PM CST -- Munir Kotadia for ZDNet.co.uk


A man has been cleared of child porn charges, after investigators found that an Internet attacker was responsible for the presence of illicit images on his PC A man accused of storing child pornography on his computer has been cleared after it emerged that his computer had been infected by a Trojan horse, which was responsible for transferring the images onto his PC. Julian Green, 45, was taken into custody last October after police with a search warrant raided his house. He then spent a night in a police cell, nine days in Exeter prison and three months in a bail hostel. During this time, his ex-wife won custody of his seven year old daughter and possession of his house. This is thought to be the second case in the UK where a Trojan defence has been used to clear someone of such an accusation. In April, a man from Reading was found not guilty of the crime after experts testified that a Trojan could have been responsible for the presence of 14 child porn images on his PC.

Trojan horses can be used to install a back door on a PC, allowing an attacker to freely access the computer. Using the back door, a malicious user can send pictures or other files to the victim's computer or use the infected machine to access illegal Web sites, while hiding the intruder's identity. Infected machines can be used for storing files without the knowledge of the computer's owner. Kevin Hogan, senior manager at Symantec Security Response, told ZDNet UK that he has known Trojans to pretend to be a game, picture and even a Windows folder. It is technically possible for a Trojan to set up someone's computer as a proxy machine. So you see a folder on your desktop, double click it and it executes. According to Hogan, a Trojan back door can usually be dealt with by using an up-to-date antivirus software or a personal firewall....continued...

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Oooh... I just had an idea...this 'trojan defence', which obviously works well enough to keep kiddie diddlers out of prison, would be 'the answer' for the thousands of people who are being harassed by the RIAA about their alleged peer-to-peer music swapping. Simply plead not-guilty by reason of a 'trojan defence' and the RIAA will find no court in the land willing to rule in their favor...