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Paul McNamara

Fighting child porn vs. ruining innocent lives

By Paul McNamara on Mon, 01/15/07 - 11:33am.

Here's a classic example of how legitimate societal concerns about child pornography are fueling overzealous prosecutions – overzealous being a generous description - that can toss innocents into a living hell intended solely for sexual predators.

Let's start at the very bottom of this report from ABC News:

In the den of the Bandy home sits the family computer, now unplugged from the Internet. The Bandys learned that, for them, the Web is simply too dangerous.

"It means that computers are not safe," said Jeannie Bandy. "I don't want to have one in my house. Under even the strictest rules and the strictest security, your computer is vulnerable."

That vulnerability nearly sent their teenage son to prison for a crime – possession of child pornography -- that there is every reason to believe he did not commit. It almost saddled that child with a sexual-offender label that would have haunted and handicapped him the rest of his life. And it did force the boy to plead guilty to a lesser charge, a comically trumped-up offense springing from his admitted sharing with other teens – horror of horrors – a copy of Playboy. (Thank heavens for the statute of limitations lest 95% of the country's male population would be vulnerable to prosecution on that one.)

As for why the teen's parents have unplugged their computer, it isn't simply a matter of removing temptation. Here's what the computer forensics expert they hired to help exonerate their son told ABC:

"If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," said Tammi Loehrs. "So the home user has no idea who's coming into their computer."

Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than 200 infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house. "They could be on your computer and you'd never know it," she said.

Loehrs says she does not believe that Matthew uploaded those images onto his computer "based on everything I know and everything I've seen on that hard drive."

So how does our society balance the need to protect children and punish those who trade in child porn with its obligation to avoid ensnaring the innocent in that effort?

Certainly a start would be better and more dispassionate judgments on the part of prosecutors, something that was glaringly absent in this case.

Beyond that? It would seem clear that educational and technological solutions are needed. Parents need to learn of the dangers and take appropriate precautions to secure their home computers. They need to add this nightmare scenario to the list of admonishments they already deliver to their kids about divulging personal information and meeting strangers.

But what can technologists contribute? What piece or pieces are missing that would help home users guard against their PCs becoming unwitting hosts ... and what might help prosecutors make more accurate decisions about who's guilty and who's merely being used?

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a problem

0

I think that a big problem today is that some many people have PCs, yet they are clueless on how to secure them properly. For instance a lot of people get wireless routers so they can use their laptops, but they don't know how to secure them properly. I go to a tehcnical school and it amazes me at how many people that go there in their 3rd or 4th semesters are oblivious to how to run and operate firewalls, virus scanners, and adware removal programs. This is a major concern which needs to be addressed, as for most people get tricked into a false sense of security with their PCs.

Thank you for writing about this

0

Hi, this is Jeanne Bandy, Matt's mom. I'm a complete amateur at blogging, just learning how to do this, but on behalf of Matt and our whole family, I want to thank all of you who have expressed support for us and outrage about what happened. Matt, as you may know, is restricted from using the computer for anything but school or work by the terms of the probation he got stuck with. I hope all of you will visit our website, www.justice4matt.com, and write to the legislators and other people listed on our "How You Can Help page." If you want to write to me or Matt, the best way to do that is the Contact Us form at our site, because we're trying to avoid spam as much as we can. And keep on blogging about us please, I'm told it really helps to put pressure on lawmakers and law enforcers to make change in the system, and it educates people who don't know how easily the same thing could happen to them. Finally, my apology for having to send out somewhat of a "form message" to bloggers - we're swamped (thank God) in supportive response and I'm just trying to keep up. I'm having to borrow a friend's computer and his Internet access because we cut ours off some time ago - but we're going to go online again soon, with MAXIMUM security. I'll try to respond more personally soon. THANK YOU AGAIN!

Pick up a basic Linkys

0

Pick up a basic Linkys router/firewall from Best Buy ($50), read the documentation and learn to protect yourself. There are many good references out there on how to secure yourself online.

Also, consider switching to a Mac for your next computer. They can do everything a PC can, better sometimes, and no virus/spyware/trojans issues. Reseach it!

This story illustrates what really comes down to an issue with Windows. Microsoft should be brought to task over the millions of lost hours spent fighting problems which are the direct result of their inherently INSECURE operating system. If a car maker put out a vehicle as shoddy as Windows is an operating system, they'd be sued into oblivion..

Good luck Matt.

Linksys yes, Mac no

0

A basic hardware firewall, configured correctly is an absolute must for any "always on" or broadband internet connection. At the software level, good virus protection is very important also. It is also imperative to use caution when browsing the net and especially when downloading software. Research any software before you installed it, just be sure to know what you are putting on your system. That goes for any OS. Dont let these Mac Clowns and and Open Source Linux gurus trick you into thinking that if you use their OS you will be safe!

MAXIMUM SECURITY -- Not on Windows...

0

I don't want to start any flame wars, but after reading your article, I can't help but feel the need to voice my thoughts. Your son got in trouble for possession of child pornography, which was put on the computer by some unwanted malicious code. You state "It means that computers are not safe," said Jeannie Bandy. "I don't want to have one in my house. Under even under the strictest rules and the strictest security, your computer is vulnerable."

I'd like to point out that while this is true for the Windows operating system, this is far from the case for others. While I'm not hyping the "Buy a Mac, they're better", I would suggest an alternative. There will always be vulnerabilities in Windows, this is because it's a nice OS (operating system) for people to target. If you write malicious code for Windows, you can infect say 85% of the PC market with that code until the vulnerability is patched. This means that people are eager to target such a large demographic.

What I am hyping is an alternative. Get rid of the worry about viruses and trojans. There are many different paths you can choose, but I'm going to be bias and hype the one I use.

I'm a teen, I bought my first PC 2 1/2 years ago (I'd been using Mac's for about 10 years before that). I ran Windows 98 for about a week, then wiped it with linux. Now for me, linux was easy, because my dad used it at work and had the know-how to help me. You'd probably be best finding a flavor of linux that provides tech support (which will cost money), but it'll be worth it because you'll learn how to operate it. The nice thing about linux is that when you don't require tech support anymore, you can upgrade for the cost of the bandwidth to download the new version, and the CD-R/DVD to burn it. I know there will be opposition to this in your household. My best guess at opposition would be:

I don't know how to use it
-There is never a time like the present to learn something new.

All my friends use Windows, how will I survive?
-Linux has many applications that look and feel like their Windows counterparts.

OpenOffice as a replacement for Microsoft Office. It can even read your old Word and Excel files (and many more).

Kopete, Gaim, or aMSN is a great replacement for MSN messenger, and you skip all those annoying ads.

Wine (wine is not an emulator), while requiring some knowledge of how to run things from the command line, can run some Windows applications (like Firefox), which means that your kids can have Shockwave and Flash for online games.

Amarok, Rhythmbox, or XMMS as a replacement for Winamp, iTunes, or Windows Media Player.

Mplayer, Xine, or VLC for media files.

KDE that will make you feel right at home with it's Windowzy looks and feel.

... And many, MANY more applications to meet your every need.

I'd suggest Ubuntu (Motto: Linux for human beings), or Kbuntu (Ubuntu with KDE as the default). You can buy both these products with or without support, and if you find someone who knows the inner workings of linux before you decide, you can always download it for free (and legally) from one of the mirrors and burn it.

Wait, use WINE to run the

0

Wait, use WINE to run the Windows Version of Firefox on Linux? Hmm, ask your dad if he can get you a copy of Firefox for Linux.

He's using Wine for Firefox

0

He's using Wine for Firefox to get Shockwave and Flash for online games, etc. These are difficult to impossible to get working natively in Linux, Wine is usually the easiest way. He could have pointed out that Firefox runs natively on Linux (although I don't use it, I prefer Galeon).

It's easy to get Flash on Linux

0

You're right that there is no Shockwave player for Linux, but there is a Flash player which is not that hard to install (in fact, you can get Flock, which is Yahoo's branded extension of Firefox, which comes with Flash preinstalled by default)

Maybe you should buy a Mac.

0

I have never seen such a complete failure in the feild of consumer saftey than illustrated by this story. Why would anyone want a computer that is totally accessable to hackers, that forces them to buy and use software to protect their computer and could result in a lifetime label as a sex offender? Microsoft needs to get its act together. I would suggest to you buying a Mac. A computer that has a closed off architecture and very few if any known viruses. Don't believe what the masses tell you. You can do anything you want with this computer, it can do way more for you and it will save you from any trouble like this in the future.

Idiocy is no excuse in the eyes of the law.

0

If you have stolen property in your house, you go to jail. If the brakes go out on your car and you kill some people, your going to jail. If you can't properly maintain your pc and it gets loaded up with child porn, you go to jail.

Either learn to maintain your machine, or pay someone that will. If you can't be bothered to do that, you shoudln't be on the internet. You and your son got what you deserved. Thank you for having a machine that could be likend to a leaking toxic waste dump, and not doing anything about it till the police came knocking!

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