Teen sentenced because of computer virus


He didn't create the virus, his computer was just infected
So who guards the guardians?

Mention "child porn" and all protections disappear.

The ‘crime’ to which Matt ultimately pleaded guilty was showing a Playboy magazine to some 16-year-old classmates. His conviction may be the first of its kind in America. Being in possession of a Playboy is legal, but a teenaged boy who shows it to a buddy now risks being arrested as a sex offender.

Nevertheless, the plea bargain allowed County Attorney Andrew Thomas to tell ABC News that "this defendant did plead guilty in a court of law."

The extraordinary reduction in Matt’s charges hinged on a forensic analysis of his computer. Exculpatory forensics revealed that the nine images were probably downloaded without his knowledge onto his hard drive by a virus. Viruses with this capability are alarmingly common and can invisibly infect an operating system when someone clicks on an email attachment or the ‘wrong’ (not necessarily adult) website.

Last year, during the height of the Mocbot worm, an estimated 265,000 computers were infected daily.

Matt’s attorney vigorously sought to have forensic analysis performed on the computer, which was in possession of the police. With equal vigor, the District Attorney’s office (called the County Attorney’s office in Arizona) blocked access even though the defense had a legal right to examine evidence.

Court records reveal repeated requests for such disclosure.

Forensic analysis of computer files is akin to ballistic testing of a gun or DNA analysis of semen from a rape sample. If a defendant is guilty, then the forensics will bolster or prove the charges. If the defendant is innocent, then the results are essential to establishing a defense.

In a telephone interview, Matt’s father explained, "I don’t argue that they [the police] didn’t have a right to come with a search warrant but I can’t understand not giving someone a right to defend themselves."

As it was, the defense conducted forensic tests only after a court ruling gave them access. Even then the County Attorney’s office appealed the lower ruling to the Arizona Supreme Court, which refused to hear the case. The lower court’s ruling stood.

Here's the scary bit.

Second, upon being charged, Matt was required to wear an electronic bracelet on his ankle to track him 24 hours a day.

Third, despite disagreement from the probation department, "sex offender terms" were attached to Matt’s ‘Class 6’ probation. The "terms" severely restricted how close he could come to a minor.

In a recent phone interview, Matt stated that one of the first questions his probation officer asked was whether a minor was living in the Bandy household. Because Matt's sister Katie is 15 years old, there was a possibility Matt could not live at home.

When Matt asked about a planned family trip to Disneyland, the officer forbade him to go. Matt was ordered to "not even think about anything Disney," he said. Upon hearing this, Katie boxed up her Disney movies for fear that having them out would hurt her brother; an open search warrant allows authorities to search the house at will.

When Matt requested permission to attend church, he was told that the priest had to provide prior, written approval that reflected his understanding Matt was a sex offender. Matt was also required to sit in a separate pew away from children. He has not attended church since.

If existing law and cases are any precedent, chances are Matt Bandy is stuck with the sex offender label for life. His every move will be monitored.

Just for having a virus infected computer.

— NeoWayland

Posted: Fri - January 26, 2007 at 03:30 PM  Tag


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