"NEW DEFENSE: THE COMPUTER DID IT
Prosecutors in computer hacking cases are facing a new defense strategy that likely will become more prevalent in the age of hijacked PCs: the computer did it. Defense lawyers in three cases recently tried in the U.K. successfully argued that the crimes committed by their clients were, in fact, the results of 'Trojan' programs placed on their computers without their knowledge. While it is relatively easy to trace a hack back to a particular computer, it's much more difficult to prove that the owner of that computer committed the crime. 'On the one hand, this is 100% correct that you can not make that jump from computer to keyboard to person,' says Bruce Schneier, chief technology officer for Counterpane Internet Security. 'On the other hand, this defense could be used to acquit everybody. It makes prosecuting the guilty harder, but that's a good thing.' But computer security consultant Dave Morrell says the defense also gives the green light to hackers. 'It sets a precedent now in the judicial system where a hacker can just claim somebody took over his computer, the program vanished and he's free and clear.' The Trojan defense has not yet been put to the test in the U.S. (Reuters/CNN.com 28 Oct 2003) "
Prosecutors in computer hacking cases are facing a new defense strategy that likely will become more prevalent in the age of hijacked PCs: the computer did it. Defense lawyers in three cases recently tried in the U.K. successfully argued that the crimes committed by their clients were, in fact, the results of 'Trojan' programs placed on their computers without their knowledge. While it is relatively easy to trace a hack back to a particular computer, it's much more difficult to prove that the owner of that computer committed the crime. 'On the one hand, this is 100% correct that you can not make that jump from computer to keyboard to person,' says Bruce Schneier, chief technology officer for Counterpane Internet Security. 'On the other hand, this defense could be used to acquit everybody. It makes prosecuting the guilty harder, but that's a good thing.' But computer security consultant Dave Morrell says the defense also gives the green light to hackers. 'It sets a precedent now in the judicial system where a hacker can just claim somebody took over his computer, the program vanished and he's free and clear.' The Trojan defense has not yet been put to the test in the U.S. (Reuters/CNN.com 28 Oct 2003) "