They raise the example of a former California judge who was convicted of possessing child pornography and sentenced to 27 months in jail.
The key evidence in the conviction came from a Canadian hacker, Brad Willman, who infected the convicted man's PC with a Trojan horse, disguised as images of child abuse, on an internet newsgroup visited by pedophiles in 1999. The hacker (who used the handle Omni-Potent) broke into the PCs of those he infected, focusing on those he suspected of being involved in child abuse.
Sophos would like you to vote on whether this illegally obtained evidence was justified.
We'll be following the results of that poll, but would also welcome your comments here on the following two questions...
- Should illegal evidence ever be permissible, no matter what the charge?
- Should the hacker, Brad Willman, have been charged and potentially convicted for his crime of illegally infecting PCs connected to the net (ignoring cross-border legal issues)?