The Association of Digital Forensics, Security and Law (ADFSL)
In 2004, the Trojan horse defense was at a crossroads, having been successfully employed in two child pornography cases in the United Kingdom, resulting in acquittals. Despite the early successes, the Trojan horse defense has failed to become a regularly employed strategy. The original Trojan horse defense has now become part of the more general technical SODDI (Some Other Dude Did It) defense, which includes the possibility of unknown actors using unsecured Wi-Fi connections or having physical access to a computer to perform criminal acts. In the past ten years, it has not been effective in the United States for criminal cases, with no published acquittals in cases where it was the primary defense. Where the technical SODDI defense has been successfully used as leverage in plea negotiations, there has been either poor forensics performed by the prosecution or political pressure to resolve a matter. On the civil side, however, the defense has been wildly successful, effectively shutting down large John Doe copyright infringement litigation against non-commercial violators.
Alexander, R. (2007, January 28). Defense in child porn case distorts the truth. Retrieved from http://www.foxnews.com/.
Anderson, N. (2012, June 26). SWAT team throws flashbangs, raids wrong home due to open WiFi network. Retrieved from http://arstechnica.com/.
Associated Press. (2009, November 8). Computer viruses can make you an unsuspecting collector of child pornography. Retrieved from http://blog.al.com/.
Brenner, S., Carrier, B., & Henninger, J. (2004). The Trojan horse defense in cybercrime cases. Santa Clara Computer & High Tech. LJ, 21(1).
Capitol Records, Inc. v. Foster, No. Civ. 04-1569-W (Dist. Court, WD Ok. 2007).
Com. v. Robertson-Dewar, No. 829 A.2d 1207 (Pa. Superior Court 2003).
Digital Millenium Copyright Act, 17 U.S. Code § 512 (1998).
Eckelberry, A., Dardick, G., Folkerts, J. A., Shipp, A., Sites, E., Stewart, J., & Stuart, R. (2007). Technical review of the trial testimony State of Connecticut vs. Julie Amero. Retrieved from http://dfir.com.br/.
Elf-Man, LLC v. Cariveau, No. C13-0507RSL (Dist. Court, WD Wash. 2014).
Fisher, K. (2006, August 3). The RIAA, IP addresses, and evidence. Retrieved from http://arstechnica.com/.
Green, R. (2008, November 22). Misdemeanor plea ends Norwich case. Retrieved from http://articles.courant.com/.
Hughes, J. (2011, July 12). Minnesota Wi-Fi hacker gets 18 years in prison for terrorizing neighbors. Digital Trends. Retrieved from http://news.yahoo.com/.
In Re BitTorrent Adult Film Copyright Infringement Cases, No. 2012 U.S. Dist. LEXIS 61447 (E.D. New York 2012).
Jones, P. (2007, February 8). For the cynics, an antidote: The Order in Capitol v. Foster. Retrieved from http://www.groklaw.net/.
Kardasz, F. (2009, November 9). Highly unlikely that a virus would ever place images on your computer. Retrieved from http://kardasz.blogspot.com/.
Landwehr, C. E., Bull, A. R., McDermott, J. P., & Choi, W. S. (1994). A taxonomy of computer program security flaws. ACM Computing Surveys, 26(3), 211-254.
Leeds, J. (2007, October 5). Labels win suit against song sharer. The New York Times. Retrieved from http://www.nytimes.com/.
Loehrs, T. (2009). Report of forensic examination. Presented at the Winning Strategies. Retrieved from http://www.fd.org/.
Lord, R. (2014, June 11). Court rejects appeal of man who piggybacked on Wi-Fi signal to access child porn. Retrieved from http://www.post-gazette.com/.
Lubet, S. (1992). Reasserting in cross examination control. Litigation, 18(4), 24-29.
Matyszczyk, C. (2013, July 27). Man gets fake FBI child porn alert, arrested for child porn. Retrieved from http://www.cnet.com/.
Moats, T. (2010, January 23). Montpelier man charged in Internet child porn scam. Retrieved from http://www.vermonttoday.com/.
People v. Lindstrom, No.60608 (Cal. Court of Appeal, 3rd Appellate Dist. 2009).
Pulkkinen, L. (2014, April 8). Feds: Neighbor’s Wi-Fi a path to child porn for Bonney Lake man. Retrieved from http://www.seattlepi.com/.
State of Arizona v. Matthew Bandy, No. CR2005-014635-001 DT (Maricopa County Superior Court 2005).
State of Connecticut v. Amero, No. CR-04-93292 (Conn. Superior Court 2007).
Steel, C. M. S. (2009). Web-based child pornography: Quantification and qualification of demand. International Journal of Digital Crime and Forensics (IJDCF), 1(4), 58–69. doi:10.4018/jdcf.2009062405
Sweet, L. (2008, June 16). Probe shows kiddie porn rap was bogus. Retrieved from http://bostonherald.com/.
Thompson, C. (2011, April 24). Innocent man accused of child pornography after neighbor pirates his WiFi. Retrieved from http://www.huffingtonpost.com/.
US v. Ardolf, No. 683 F. 3d 894 (Court of Appeals, 8th Circuit 2012).
US v. Gardner, No. WL 6680395 (Dist. Court, D. Utah 2012).
US v. Heiland, No. CR14-5188BHS (Dist. Court, WD Washington 2014).
US v. Holness, 706 F. 3d 579 (Court of Appeals, 4th Circuit 2013).
US v. Kerr, 472 F. 3d 517 (Court of Appeals, 8th Circuit 2006).
US v. Kuchinski, 469 F. 3d 853 (Court of Appeals, 9th Circuit 2006).
US v. Luchetti, No. 11-CR-143 (Dist. Court, WD New York 2013).
US v. Miller, 527 F. 3d 54 (Court of Appeals, 3rd Circuit 2008).
US v. Moriarty, No. 429 F. 3d 1012 (Court of Appeals, 11th Circuit 2005).
US v. Smith, No. 4:09-CR-00441-CKJ-DTF (Dist. Court, Arizona 2011).
US v. Smith, No. 739 F. 3d 843 (Court of Appeals, 5th Circuit 2014).
US v. Solon, No. 13-8058 (Court of Appeals, 10th Circuit 2013).
US v. Stanley, No. 753 F. 3d 114 (Court of Appeals, 3rd Circuit 2014).
Virgin Records America Inc et al v. Tammie Marson, No. 2:2005cv03201 (California Central District Court 2006).
Wilson, Mark. (2014, September 13). City seeks favorable ruling in SWAT incident lawsuit; Police video shows what happened. Retrieved from http://www.courierpress.com/.
Wise v. State, 364 SW 3D 900 (Texas State Court of Criminal Appeals 2012).
Steel, Chad M.
"Technical Soddi Defenses: The Trojan Horse Defense Revisited,"
Journal of Digital Forensics, Security and Law: Vol. 9
, Article 4.
Available at: http://commons.erau.edu/jdfsl/vol9/iss4/4