Technical Soddi Defenses: The Trojan Horse Defense Revisited

Abstract

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