[steppenwolf]

http://abcnews.go.com/2020/LegalCenter/story?id=2785054&page=1

Jan. 12, 2007- Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family.

"He was a happy-go-lucky kid," said his mother, Jeannie Bandy. "Very personable, and big-hearted. I sound like a boastful mom, but I guess the biggest thing is that he could always make me laugh."

Yahoo monitors chat rooms for suspicious content and reported that child porn was uploaded from the computer at the Bandys' home address.

BUT HE DIDNT DO IT-HIS COMPUTER WAS CONTROLED!!??

 

[Chicon]

I agree with the fact that child pornography viewers must be punished as they are indirectly asking children to be molested or raped anywhere in the world.

BTW, the article shows it is important to improve the security of a computer.
It seems that the computer involved in the article was a 'zombie' or a botnet. Therefore, it's possible the owners didn't know child porn materials were transiting through their computer.
Also, the prosecution was too quick to charge someone before checking the behaviour of the computer itself. The presence of certain trojans on a computer may be a disculpatory evidence.

 

[lotuseclat79]

Was this the case where the child pleaded for some misdemeanor and then was boxed in and classified as a sexual predator and therefore required to register as such - literally, his future is then destroyed? If so, the prosecutors office and the legal system is at fault for not understanding/ignoring the results of the computer forensic evidence that once understood would never in a million years place blame on the innocent (teenager) in this case.

It appears that child porn paedophiles use vulnerable computer systems to first crack and then store their despicable images on unsuspecting computers like this family's.

-- Tom

 

[Guyzer]

Also, the prosecution was too quick to charge someone before checking the behaviour of the computer itself. The presence of certain trojans on a computer may be a disculpatory evidence.

That statement says a lot to me. Once again it shows how trigger happy some of the " authorities " in the US have become. Guilt before innocence and ignore the facts. Quite sickening imo. ( the Duke rape also comes to mind )

 

[Fidelista]

Wonder how many convicted might have been victims of cracked PC's???.
Looks like computer forensics will play a big part in these criminal investigations --at least I would hope !
Thankfully a good Judge in this case --saved the young mans life. >f

 

[Guyzer]

Thankfully a good Judge in this case --saved the young mans life. >f

It's to bad it had to go that far though. The kids reputation is probably ruined by public opinion... at least in his area.

The prosecutor should be hauled into a operating room and have a lobotomy done, then pull his ticket and send him to the salt mines. It's obvious he doesn't need his brain anyway.

 

[Chicon]

That statement says a lot to me. Once again it shows how trigger happy some of the " authorities " in the US have become. Guilt before innocence and ignore the facts. Quite sickening imo. ( the Duke rape also comes to mind )

Similar quick prosecutions are not the specificity of the US. In France, in the first Outreau trial, a lot of innocent people have been charged and convicted as paedophiles. One of the accused has died in prison.
Politics should stay out of the judicial system.

 

[Guyzer]

There was a case like that in Saskatchewan, Canada a bunch of years back. I tried to find some info but my memory isn't going along with me this morning. In any even it involved a daycare and multiple participants, satanic cults etc. In the end most were freed but there or were a few that went to jail. Religious individuals / beliefs played a big part in the trial being that it took place in the " bible belt ". Sad what the authorities can get away with.

 

[Littlefield]

I am glad he got cleared .It is something that the message came back on computer that he was cleared from the judge ,weird. I guess it went e mail to his lawyer !
I do not see how sites like Yahoo can have child porn on them and it seems like they should be held responsible as well .
The laws were set up by state so it is state law regarding the strictness of the charge.

 

[Chicon]

I am glad he got cleard .It is something that the message came back on computer that he was cleared from the judge ,weird.
I do not see how sites like Yahoo can have child porn on them and it seems like they should be held responsible as well .
The laws were set up by state so it is state law .

Yahoo has a lot of porn groups. You need to subscribe to one of these groups and it's not impossible your computer is infected because you have to give your email address to subscribe.

 

[Littlefield]

My point is if they have child porn on them Yahoo should be fined or charged in some manner. They said he had reached a yahoo site that had child porn.
The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said.

 

[Chicon]

My point is if they have child porn on them Yahoo should be fined or charged in some manner. They said he had reached a yahoo site that had child porn.
The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said.

It is still questionnable to join a Yahoo group was intentional, it's possible they have been victims of phishing like the following example :

Today I received an email from "Yahoo! Groups:" "Please confirm your request to join will-kate." I hadn't remembered joining a group lately, but I wondered if I had in recent weeks and forgot. The sender's name seemed right.

First I went to the Yahoo! Groups main page and searched for "will-kate." There was no group. Out of human curiosity, I clicked.The email was sent to an address on my personal domain that doesn't exist.

And that's when it hit me: Does Yahoo! Groups even send a confirmation email? I joined a new group. No confirmation email came, only a welcome email from the moderator. Phished!

Link : http://blog.zonelabs.com/

Also, you may create and destroy a Yahoo group the same day.

 

[Littlefield]

Can you explain to me how Yahoo can allow child porn on its sites ?
I am not questioning the kid . I feel sorry for him.
Yahoo should be held responsible in some manner or maybe I am not understanding something ?

 

[angelize56]

Law and Order: SVU had a segment where a man was arrested for downloading child porn onto his computer...turned out someone had sent him a "porn bomb"....maybe that's what happened to this young man...isn't new technology great!

 

[Chicon]

Can you explain to me how Yahoo can allow child porn on its sites ?
I am not questioning the kid . I feel sorry for him.
Yahoo should be held responsible in some manner or maybe I am not understanding something ?

In fact, Yahoo groups share many millions of members and when a group allows it, members are able to post pictures, documents, archives, other kind of files and links to other websites.
Therefore, it is pratically impossible for the Yahoo managers to check the billions pictures and other materials posted every day.
The only responsibles of child porn materials posted in Yahoo groups are the posters and eventually the groups creators if they don't prevent and denounce such criminal activities.

 

[GoneForNow]

In fact, Yahoo groups share many millions of members and when a group allows it, members are able to post pictures, documents, archives, other kind of files and links to other websites.
Therefore, it is pratically impossible for the Yahoo managers to check the billions pictures and other materials posted every day.
The only responsibles of child porn materials posted in Yahoo groups are the posters and eventually the groups creators if they don't prevent and denounce such criminal activities.

From the US standpoint (sorry Chicon but I have to talk a little US law) the Internet constitutes interstate commerce as such its regulation is governed solely by the federal government. The federal government exempted Internet providers/companies like Yahoo from child porn laws for the chat and related services they offer.

 

[Wino]

From the US standpoint (sorry Chicon but I have to talk a little US law) the Internet constitutes interstate commerce as such its regulation is governed solely by the federal government. The federal government exempted Internet providers/companies like Yahoo from child porn laws for the chat and related services they offer.

Whoa!! I bet Mark Foley voted "Yea" on that one.

 

[Chicon]

From the US standpoint (sorry Chicon but I have to talk a little US law) the Internet constitutes interstate commerce as such its regulation is governed solely by the federal government. The federal government exempted Internet providers/companies like Yahoo from child porn laws for the chat and related services they offer.

Hi grumb,

What a coincidence, I was just reading the terms of acceptance (in attachment) for the Yahoo groups.
They confirm what you're saying.

 

[GoneForNow]

Whoa!! I bet Mark Foley voted "Yea" on that one.

Well it was added to Barney Frank's vote, his "roomate" has a business to run.

 

[angelize56]

They confirm what you're saying.

Good morning Chicon....GB doesn't need any stinkin' confirmation!