State worker's child porn charges dropped; faulty laptop security blamed
Mass. AG's office found that employee's PC was misconfigured, riddled with malware
June 16, 2008 (IDG News Service) Prosecutors have dropped child pornography charges against a Massachusetts state employee after an investigation determined that his government-issued laptop was poorly configured and riddled with malicious software.
Michael Fiola, a former investigator at the Massachusetts Department of Industrial Accidents (DIA), had been facing two and a half years in prison after being charged last year with possession of child pornography.
But those charges were dropped on June 10 after an investigation by the Massachusetts attorney general's office found that the state couldn't prove that Fiola had downloaded the images. "We could not meet our burden of reasonable doubt," said Jake Wark, a spokesman for Suffolk County District Attorney Daniel Conley.
The case shows how easy it is for someone to be charged with illegal computer activity that they may know nothing about, said Fiola's attorney, Timothy Bradl. "This type of thing could have happened to anyone with a work-issued laptop," he said.
When the DIA issued Fiola his Dell Latitude laptop in November 2006, it was so badly configured that it may well have already been hacked, said Tami Loehrs, a forensics investigator hired by Fiola's defense team. The Microsoft Systems Management Server software on the laptop was misconfigured and wasn't receiving critical software updates, and the laptop's Symantec antivirus software was either misconfigured or not working properly, she said.
"He was handed a ticking time bomb," Loehrs added.
State IT staffers examined Fiola's laptop in March 2007 after they noticed that his Verizon broadband wireless usage was four times above normal. He was fired the same month, after the pornographic material was discovered on the system.
Fiola, a former firefighter with no criminal record, was ostracized by his community after being criminally charged in August 2007, Bradl said. "His life has been destroyed," the attorney said. "His friends ran for the hills; his family mostly ran from him."
DIA spokeswoman Linnea Walsh was quoted in the Boston Herald newspaper on Monday saying that agency officials "stand by our decision" to fire Fiola.
When reached by IDG News Service, she declined to comment on the matter, saying only, "We don't want to go there right now," before abruptly hanging up the telephone.
