Man fired for porn downloaded by malware

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From Slashdot:

"The Massachusetts Department of Industrial Accidents fired worker Michael Fiola and initiated procedutes to prosecute him for child p*rnography when they determined that internet temporary files on his laptop computer contained child p*rn. According to Fiola, "My boss called me into his office at 9 a.m. The director of the Department of Industrial Accidents, my immediate supervisor, and the personnel director were there. They handed me a letter and said, "You are being fired for a violation of the computer usage policy. You have p*rnography on your computer. You're fired. Clean out your desk. Let's go." Fiola said, "They wouldn't talk to me. They said, "We've been advised by our attorney not to talk to you."

However, prosecutors dropped the case when a state investigation of his computer determined there was insufficient evidence to prove he had downloaded the files. Computer forensic analyst Tami Loehrs, who spent a month dissecting the computer for the defense, explained in a 30-page report that the laptop was running corrupted virus-protection software, and Fiola was hit by spammers and crackers bombarding its memory with images of incest and pre-teen p*rn not visible to the naked eye. The virus protection and software update functions on the laptop had been disabled, and apparently the laptop was "crippled" by malware. According to Loehrs, "When they gave him this laptop, it had belonged to another user, and they changed the user name for him, but forgot to change the SMS user name, so SMS was trying to connect to a user that no longer existed... It was set up to do all of its security updates via the server, and none of that was happening because he was out in the field." A malware script on the machine surfed foreign sites at a rate of up to 40 per minute whenever the machine was within range of a wireless site."

The problem is, as soon as the issue becomes about child p*rnography, all sense goes out the window. They massively overreacted with insufficient forensic checks on the laptop - surely a quick scan through event viewer would have picked up the malware dialling out? Seems Michael Foila wants his day in court though - Boston Herald Report

I've done a few reports on users dowloading p*rn/illegal software/unauthorised use of work manchines - there's no way we'd go to legal measures without solid forensic proof.

*edit* mods - just realised this might get blocked for some people. Please prune the title as you see fit.
 
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How could they have had forensic proof before getting an examiner in?

I appreciate that it's the wrong way around, but maybe they do things differently in the states.
 
I had a virus on my parents computer once which turned the desktop into the most shocking stuff i'd ever seen, locked everything out and demanded I buy a "cleaner" to get rid of it...

Format/reinstall without a second thought..
 
I had a virus on my parents computer once which turned the desktop into the most shocking stuff i'd ever seen, locked everything out and demanded I buy a "cleaner" to get rid of it...

Format/reinstall without a second thought..

I didn't even know that was possible...

It's a disgrace that people go out of their way to potentially ruin people's lives like that.
 
I didn't even know that was possible...

It's a disgrace that people go out of their way to potentially ruin people's lives like that.

All the Icons had gone, and there were loads of awful images on the desktop (anyone with an imagination can figure what they were)

It was some kind of adware, which totally locked everything, the only icon on the desktop was a link to a thing where you could buy a so called "cleaner"

It just freaked me out so it got reformatted.. Was really an eye opener though, the kind of hellish things people can code, which find their way onto your PC.
 
I think that anyone who surfs a bit of porn can be caught out by clicking on the "lady with big boobies" and getting something that could land you in really deep trouble.

It is amusing until you realise that some clever forensic chappy could probably produce these illegal images as evidence, even if one has supposedly deleted the files.

Yes I know, what to expect now... but as I said, it could be anyone.
 
I got infected with the first virus I've had in about a year yesterday. Nothing on this level though, just a popup ad jobbie I think but there was a keylogger in there too. Avast got rid of the keylogger and I'm using Spybot to clear out anything that Avast missed.
 
I think that anyone who surfs a bit of porn can be caught out by clicking on the "lady with big boobies" and getting something that could land you in really deep trouble.

It is amusing until you realise that some clever forensic chappy could probably produce these illegal images as evidence, even if one has supposedly deleted the files.

Yes I know, what to expect now... but as I said, it could be anyone.

Thats the frightening thing though, how your computer can get itself infected with some kind of virus or malicious bit of software, which just starts putting all manner of images onto the hdd.

If it did happen on a works computer, it wouldn't take long for some hotshot lawyer to put the pieces together and have you in the dock, although it would take more than just pictures on a computer to put you away.
The personal problems afterwards would be far worse, friends/family/etc..
 
All the Icons had gone, and there were loads of awful images on the desktop (anyone with an imagination can figure what they were)

It was some kind of adware, which totally locked everything, the only icon on the desktop was a link to a thing where you could buy a so called "cleaner"

It just freaked me out so it got reformatted.. Was really an eye opener though, the kind of hellish things people can code, which find their way onto your PC.

I had something like that once (minus the porn images) every time I tried to uninstall it, it just re-installed itself. I did figure it out in the end without having to re-format but it did mean having to alter the registry and lot's of other bits and bobs.

The usual virus scanning, spybot cleaning tools had no effect on it whatsoever
 
No, after the case was expunged his employers said they sacked him on unrelated issues and don't want him back.
 
So I used to get some horrible stuff sent to my work email account, does that mean you are liable if you get those images?

I would turn in around on the employer and say that you are responsible for allowing me to receive such unsolicited images!
 
I'm not a big fan of everyone sueing everyone else nowadays. but damn this guy deserves to take if former employers to the cleaners!
 
Thats the frightening thing though, how your computer can get itself infected with some kind of virus or malicious bit of software, which just starts putting all manner of images onto the hdd.

If it did happen on a works computer, it wouldn't take long for some hotshot lawyer to put the pieces together and have you in the dock, although it would take more than just pictures on a computer to put you away.
The personal problems afterwards would be far worse, friends/family/etc..

I see what you mean here, that he'd have to go to a few dubious sites or open dodgy emails to actually be infected with anything, but as was detailed the the OP, the laptop belonged to someone else before him, so further evidence would need to be ascertained as to whether or not it was actually his fault.
 
"The problem is, as soon as the issue becomes about child p*rnography, all sense goes out the window."

This is how I feel really, it's a serious crime and people should be punished for it, a bit of detective work wouldn't hurt though...
Was there not a case here in the UK where someone had his card details stolen and it was used on some foreign site to buy wrongful filth? He was arrested, lost his job, pretty much had his whole life destroyed. In the end they worked it out and he was free, didn't get his life back though.

Ground work first, then when it's all clarified, take action.
 
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