Long and Complicated...Hoping someone can help.

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Hi all.
I don't know if anybody can help with this but I am just trying anyway. It is nothing related to work.

I have a friend who is in trouble with the law due to a very strange set of circumstances. I want to find out if what we believe happened can actually happen here in AUSTRALIA.
We know it can happen in the US and even lawyers here admit that but it doesn't seem to be recognised here.

Anyway...my friend has been charged with "sharing photos of an adult nature" with other people. This friend is a family man and deeply religious.
I KNOW he did not do this.
However, the police claim that because it is shown that his IP address was involved that it is impossible for anybody else to do it.

What we believe is that somehow a hacker has managed to access his pc on numerous occasions without leaving a trace and has sent emails using an unknown gmail address and has also added an encrypted file to my friend's pc. He doesn't know that password because it is nothing to do with him and he doesn't recognise the file.

What I want to know...IF anybody knows... is it possible, IN AUSTRALIA, for somebody to do this and not leave a trace?
I know they perpetrator doesn't need to be in this country to do it. They merely need access to my friend's computer.

I hope all this makes sense.
Feel free to pm me if you prefer. I don't know if anyone can help but I thank you in advance for at least taking the time to read this.
If anybody can help, it would mean the world to my friend and I.
#australia #computer #friend #hacker #perpetrator
  • Profile picture of the author seasoned
    It is possible ANYWHERE! And it IS done! If you can get a person that is a reputable network admin, THAT KNOWS THE HARDWARE AND PROTOCOL, to tell the court the TRUTH, you can TEAR APART the STUPID myth that the IP is tied to the person.

    If he has a wireless system(COMMON), leased IP(COMMON), or any system had a router problem(POSSIBLE), or someone tapped the cable(possible), intercepted a hub(possible), or there is a system hack somewhere(possible), then YEP, they have to get MORE evidence!

    Frankly, if they don't have him there, logging in somewhere with his account within less than 20 minutes preceding the event, they have a shaky case! So they need to subpoena the logs from the ISP and maybe do some research. HOPEFULLY, they would have to impound his computer and examine it to really bolster their case.

    Steve
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  • I know lots of people that are deeply religious that look at a lot of "photos of an adult nature" lol. Not sayin your friend would ever do such a thing, but I'm just sayin lol.. And by the way, since when is sharing photos of an adult nature a crime???
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    • Profile picture of the author seasoned
      Originally Posted by HealthWebmasters Dave View Post

      since when is sharing photos of an adult nature a crime???
      In the US, it CAN be! AND it generally is if the person portrayed is a minor.

      steve
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  • Profile picture of the author Hagar
    I am in Australia, and have a broadband subscription, and one of the things I have noticed is that my IP address keeps changing - so not sure how anyone could be connected to an IP address - or am I missing something ?
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  • Profile picture of the author Patrician
    Yes - it is quite well-known about hackers that can turn PCs into 'zombies' - by exploiting unused ports they can somehow use the computer to send emails and all sorts of things WITHOUT THE KNOWLEDGE of the owner.

    Tell him to look up root kit busters and when they 'bust' they also generate reports about what was there -

    this might be important enough to have it done professionally by a data recovery technoid - for the documentation.

    what a nightmare if the root kit buster wiped the evidence when it cleaned the system. oh yeah we saw it! yes we did.

    I also was about to say something about shared IP addresses but I am not sure - in this situation - with shared servers @ cheap hosting companies, I know that I have read years ago that is the drawback - if someone sharing the IP is into something nasty or dirty your domain can be painted with the same brush.

    but i don't know how that applies to the home IP address - so it does sound like some malware - then again - i know they can't see where my IP address resolves to because I am behind my cable internet service provider (not 100%) but just as an analogy - (how it is shared).

    Even if he is on some kind of shared network at work or I am not sure how that would be in an apartment buildilng - could very well be they are sharing connectivity.

    So it could be something 'innocent' or demonic.

    Interesting to hear the resolution - it is real scary when someone innocent is railroaded - the feeling of helplessness - just makes it hard for me to breathe when I think about it.
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  • Profile picture of the author yukon
    Banned
    Uh,... an open wifi source doesn't need to be hacked, all you need is the signal strength to be strong enough to get online. Try a Google search for war driving. An easier bet is a neighbor If wifi is involved.

    Most people don't have a clue that they should password protect their wifi at home (or anywhere).

    OP didn't say If the guy has wifi so all we can do is guess.
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  • Profile picture of the author laurencewins
    OK. He doesn't have WIFI. He is a webmaster so regularly scanned his pc for malware, etc. They seized his pc so he can't check anything. The pics were minors. As I said I KNOW he is innocent. I know his IP doesn't change.

    If you guys need more info, let me know as so far I can't see much to help but I do greatly appreciate all the feedback so far.

    Interesting to hear the resolution - it is real scary when someone innocent is railroaded - the feeling of helplessness - just makes it hard for me to breathe when I think about it.
    You hit the nail on the head with this. He is a grown man and yet, the other day, he was in tears. Another stupid thing with lawyers is that because he can't even afford to pay for one to go through the whole case of pleading not guilty and a full trial, he is being forced to plead guilty.
    He is trying to get declared mentally unfit because if he goes to prison, he wouldn't last long due to advanced age and ill health.
    When a grown man cries on the phone, you know it's very, very upsetting.
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    • Profile picture of the author Frank Donovan
      Originally Posted by laurencewins View Post

      OK. He doesn't have WIFI. He is a webmaster so regularly scanned his pc for malware, etc. They seized his pc so he can't check anything. The pics were minors. As I said I KNOW he is innocent. I know his IP doesn't change.
      If the whole case relies on an IP address, any competent lawyer should be able to get it thrown out of court - if it ever gets that far.

      However, if they find incriminating evidence on his hard drive (which, presumably, is why they seized his PC), he's got a problem.
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  • Profile picture of the author laurencewins
    They did find incriminating evidence in a file which he did not even know existed and did not know the password to. I really wish I could help him because I know he is at the end of his rope and hanging on for dear life right now.
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    • Profile picture of the author seasoned
      Originally Posted by laurencewins View Post

      They did find incriminating evidence in a file which he did not even know existed and did not know the password to. I really wish I could help him because I know he is at the end of his rope and hanging on for dear life right now.
      EVEN finding "evidence" isn't valid! Many porn sites will start cross linking, etc... And many are HIDDEN! I once scanned the *****NON***** "adult" sites on DMOZ and TENS OF THOUSANDS of DOMAINS went to less than 5 different PORN SITES! They USED to go to museums, computer language sites, etc.... HECK, if you go to a COLLEGE site, and accidentally go to a .com instead of a .edu, it may end up being a PORN site!

      Some PROGRAMS have artifacts that may contain PORN!

      Steve
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  • Profile picture of the author Dennis Gaskill
    Lawrence,

    I read a story about hackers using remote computers to store porn a few years ago. It took a while to find it, but here are a couple stories about it.

    Child Porn: Malware's ultimate evil | ITworld

    http://www.abusewatch.net/news_virus.php

    Hope that helps. If nothing else, it will give you a lead to search for more info about.
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  • Profile picture of the author Josh Monroe
    As I said I KNOW he is innocent.
    How do you "KNOW" that he's innocent though?
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  • Profile picture of the author kenmichaels
    A friend of mine went to prison. For two years. I think he was 50 something.

    This was about 5 years ago. Florida.

    His Girlfriend .. (who I know well) and He played sex games.
    With her approval he purchased a membership to a site that role played.

    IN THE MEMBERSHIP SITE ... he chatted up some woman.

    contact abruptly ended.

    two months later, sheriffs showed up at his door and arrested
    him for a bevy of charges ... from child endangerment to child porn.

    IN this ROLE playing MEMBERSHIP site was COPS pretending to be
    something they were not ... he payed a monthly fee to go to prison.

    plus like 25k.

    he got out on parole.

    I think he was out for six months. His girlfriend was a prominent community figure.
    Everyone new both of them, him because of her.

    not everyone likes her.

    A real shit bag went to her her house one day ... only HE was there and he opened the door.

    The shit bag saw an opportunity .. called the cops ... said he opened the door naked

    BAMM ... no judge ..jury .. or anything ... because of her lie he instantly violated parole.

    I wont see him for another 15 years ... IF he lives that long.

    *uck you system
    *uck you people who use it to screw over good people.

    btw. He never even had a parking ticket, much less any run in with the law ... ever
    NOW he will probably die in prison ... because our laws protect the "innocent".
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    • Profile picture of the author seasoned
      Originally Posted by kenmichaels View Post

      A friend of mine went to prison. For two years. I think he was 50 something.

      This was about 5 years ago. Florida.

      His Girlfriend .. (who I know well) and He played sex games.
      With her approval he purchased a membership to a site that role played.

      IN THE MEMBERSHIP SITE ... he chatted up some woman.

      contact abruptly ended.

      two months later, sheriffs showed up at his door and arrested
      him for a bevy of charges ... from child endangerment to child porn.

      IN this ROLE playing MEMBERSHIP site was COPS pretending to be
      something they were not ... he payed a monthly fee to go to prison.

      plus like 25k.

      he got out on parole.

      I think he was out for six months. His girlfriend was a prominent community figure.
      Everyone new both of them, him because of her.

      not everyone likes her.

      A real shit bag went to her her house one day ... only HE was there and he opened the door.

      The shit bag saw an opportunity .. called the cops ... said he opened the door naked

      BAMM ... no judge ..jury .. or anything ... because of her lie he instantly violated parole.

      I wont see him for another 15 years ... IF he lives that long.

      *uck you system
      *uck you people who use it to screw over good people.

      btw. He never even had a parking ticket, much less any run in with the law ... ever
      NOW he will probably die in prison ... because our laws protect the "innocent".
      Yeah, that is why I started my posting with "If you can get a person that is a reputable network admin, THAT KNOWS THE HARDWARE AND PROTOCOL, to tell the court the TRUTH, you can TEAR APART the STUPID myth that the IP is tied to the person.".

      Yeah, the law is just DUMB! It relies on HONEST, THINKING, UNBIASED people to arrest you, research, and judge you.

      MOST AREN'T honest! MOST CAN'T THINK! Jurers want, or HAVE to get out! Judges want a short day! Police want to pin whatever on someone. And RESEARCH? YEAH RIGHT! All I said here is true. It is DAMNING for IP based whatever! IPs are NOT assigned to anything but a CONNECTION! GRANTED, the connection can be "fixed" to a computer but, even THEN, it can be FAKED! Remember when verisign went NUTS, and they became the 20th most visited site on the planet? And nearly NONE of those people wanted to go there!!!!!! IMAGINE if it were a porn site, or your friends computer!

      Steve

      Steve
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  • Profile picture of the author Entrecon
    Years ago a guy I worked with, in the IT department, admitted to me that his computer had been hacked. He noticed one day when he wasn't using his computer that it seemed to accessing the drive and spinning the hard drive. He started running diagnostics on it and found that someone had actually hacked in and partitioned his drive. The ghost partition was acting as a file server for porn!
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  • Profile picture of the author laurencewins
    I wanted to bump this one up to see if anybody else had anything of significance to add to the already mountain of info offered. All ideas gratefully appreciated...although things are looking very bleak for my mate.
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  • Profile picture of the author bizgrower
    Your friend NEEDS to hire a tech savvy lawyer who will
    bring in the right expertise. If it was in the US he could
    be permanently on THE sex offenders list even if not proven guilty
    or the charges are dropped.
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  • Profile picture of the author laurencewins
    The problem my friend faces is that his lawyer has even told him the costs involved in pleading not guilty and court and all the other things involved and he literally can't afford it. Because there is now a court date looming, he doesn't even have time to find, let alone coach, a legal aid lawyer, even if he could find one with enough of the relevant experience.

    I am scared for him because it seems he will be forced to pleas guilty and then see what the court decides...whether it is prison, a mental health ward or probation (considering his advanced age and poor health.)

    The irony is that he could use a "hacker's defence" if he was in the US but here in Australia they don't believe in that sort of thing.
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    • Profile picture of the author kenmichaels
      Originally Posted by laurencewins View Post

      The problem my friend faces is that his lawyer has even told him the costs involved in pleading not guilty and court and all the other things involved and he literally can't afford it. Because there is now a court date looming, he doesn't even have time to find, let alone coach, a legal aid lawyer, even if he could find one with enough of the relevant experience.

      I am scared for him because it seems he will be forced to pleas guilty and then see what the court decides...whether it is prison, a mental health ward or probation (considering his advanced age and poor health.)

      The irony is that he could use a "hacker's defence" if he was in the US but here in Australia they don't believe in that sort of thing.
      In the usa they actually make it really hard for the poor man to mount
      a decent defense.

      Prison is big business here.

      I know someone who bought some thing that was stolen.
      He got busted. His public defender told him.

      Do not say you bought it stolen, that is considered fencing, that is an extra 5 years

      just say you stole it. the worst you can get is two years.

      WTF !!!!

      and yeah, that is what he did, and yes he did go away.
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  • Profile picture of the author laurencewins
    The stupid thing here is that the police don't have to prove guilt. You have to prove innocence. That is what he was told. The cops only gather the evidence and then the lawyers battle it out.

    2 years is not a lot for some people. I doubt my mate would last a week in the condition he is in. That is why I am asking in here. Normally I would not do such a thing.
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    • Profile picture of the author kenmichaels
      Originally Posted by laurencewins View Post

      The stupid thing here is that the police don't have to prove guilt. You have to prove innocence. That is what he was told. The cops only gather the evidence and then the lawyers battle it out.

      2 years is not a lot for some people. I doubt my mate would last a week in the condition he is in. That is why I am asking in here. Normally I would not do such a thing.
      see here its supposed to be innocent until proven guilty.

      the reality is more like you said.

      I wish i could say something positive for you and your friend.

      Here if you battle something out in court, it takes months, sometimes years
      maybe that is an option ...
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  • Profile picture of the author laurencewins
    Here it is also supposed to be innocent until proven guilty.
    However, he was told it would cost a minimum of $40000 just for the lawyer to go to court. He would also need expert testimony and that would cost a minimum of an extra $40,000.
    He has already sold his house to cover current costs. He got fired from his job and can't get another one...nobody wants to hire a 62 year old man with ill health, living in a country area of Australia.

    I actually offer more moral support than his family...and that saddens me deeply.
    I wish I was wealthy so I could help him.

    I even thought about starting a collection in here but didn't think it was appropriate. I know that has happened for a few members before.

    I do appreciate everything that people are sharing in here...more than you could know.
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    • Profile picture of the author kenmichaels
      Originally Posted by laurencewins View Post

      Here it is also supposed to be innocent until proven guilty.
      However, he was told it would cost a minimum of $40000 just for the lawyer to go to court. He would also need expert testimony and that would cost a minimum of an extra $40,000.
      He has already sold his house to cover current costs. He got fired from his job and can't get another one...nobody wants to hire a 62 year old man with ill health, living in a country area of Australia.

      I actually offer more moral support than his family...and that saddens me deeply.
      I wish I was wealthy so I could help him.

      I even thought about starting a collection in here but didn't think it was appropriate. I know that has happened for a few members before.

      I do appreciate everything that people are sharing in here...more than you could know.
      80k ? that seams off. maybe its the difference in money conversions.

      I went to war with 20 super corps AND the united states government.

      I was billed as it went on. I was never quoted a direct price ahead of time.
      maybe it is different here in usa. I was billed hourly, and had to pay
      monthly.

      and i hated the lead attorney. if i even said hi to him, he wanted 5k
      ( that is no joke )

      o, also i never had expert testimony ... my things never actually made it to court
      we battled behind the scenes for over 10 years. So maybe that is why it sounds
      off to me.
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  • Profile picture of the author bizgrower
    Laurence,

    I'm sorry for the situation your friend is in.

    I do think the $80k sounds high, unless the
    conversion is that different. I would think
    $15k USD at the high end and would talk to
    several attorneys. (but I don't know case specifics.)

    Here we have public defenders.

    Dan
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  • Profile picture of the author travlinguy
    Here's a question for the more technical folks that might be relevant. When people use VPNs they have at their disposal numerous IPs to mask their own. Where do these IPs come from? I've never tried to find out. I guess I just sort of assumed some sort of scraping software "harvested" them from innocent people online and delivered them to the clients of the VPN service.

    I could be way off because I'm not much of a techie but if my assumption is correct or even close maybe that's what has happened.
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    • Profile picture of the author kenmichaels
      Originally Posted by travlinguy View Post

      Here's a question for the more technical folks that might be relevant. When people use VPNs they have at their disposal numerous IPs to mask their own. Where do these IPs come from? I've never tried to find out. I guess I just sort of assumed some sort of scraping software "harvested" them from innocent people online and delivered them to the clients of the VPN service.

      I could be way off because I'm not much of a techie but if my assumption is correct or even close maybe that's what has happened.
      no, bot ips, like proxies are excatly what you are describing.

      vpn's, are usually 1 of two things.

      at someones private house split into virtual machines.

      or hosted in a facility.

      again ...split into as many virtual hosts as possible.

      vpn's are usually legit. ( not always , but usually )
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