The “I’ve Been Hacked” Defence

by Yuri Gubanov, Oleg Afonin
(C) Belkasoft Research, 2016

This article was inspired by an active discussion in one of the forensic listservs. Original post was asking on how to fight with an argument “This is not me, this is a malware”. The suspect was allegedly downloading and viewing illicit child photos and was denying that, explaining the fact of these photos’ presence by malicious software they presumably had.

I’ve Been Hacked
The “I’ve been hacked” tactic is the most common defense when it comes to crimes committed on or with computers. However obvious it might be, the burden of proof lies on you and not on the suspect. So how can you figure out whether or not the suspect’s computer has actually been subject to unauthorized activities?

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