Posted 16 January 2010 - 04:00 PM
I've brought this situation up to several people years ago when I questioned the validity of prosecuting someone in court for having child porn files on their system.
I know back in the day it was possible to get into a person's system and put in or take out anything you wanted using a net trojan. My question is, does the law enforcement community have the sophistication to be able to prove beyond a shadow of a doubt, the owner was in fact the person who downloaded the materials?
I'm sure in some cases, the times and locations can be documented and even correlated if it's caught early enough or there is a large enough path to trace (ie repeated usage, or monitoring someone online, in the act) but what about John or Jane Doe who may have had an infection injected and planted on their system and then had the traces removed? I would hope that the prosecution or the defense in the case would do some serious forensics beforehand but I know in many areas with limited budgets and or resources the chances are probably quite slim that practice would in fact be followed.
What we're talking about here is a subject that is very dangerous given the history of the material and it's results in the late 1980's and early 1990's whereby some truly innocent people were prosecuted AND sent to jail, lost everything they owned etc. I would only advise those in the law enforcement investigative fields to be very cautious as well as those who want to comment about it. To those who are guilty beyond a shadow of a doubt they should receive the maximum punishment but I would warn those who would create another witch hunt like we witnessed a decade or so ago to tread very carefully on this matter.