One Misconfigured Laptop, One Wrecked Life: Michael Fiola Q&A

State of Massachusetts dropped charges against Michael Fiola, who was accused of downloading child pornography, due to a lack of evidence against him.

By
Thu, June 19, 2008

IDG News Service (San Francisco Bureau) — When the Commonwealth of Massachusetts issued Michael Fiola a Dell Latitude in November 2006, it set off a chain of events that would cost him his job, his friends and about a year of his life, as he fought criminal charges that he had downloaded child pornography onto the laptop. Last week, prosecutors dropped their year-old case after a state investigation of his computer determined there was insufficient evidence to prove he had downloaded the files.

An initial state investigation had come to the opposite conclusion, and authorities took a second look at Fiola's case only after he hired a forensic investigator to look at his laptop. What she found was scary, given the gravity of the charges against him: The Microsoft SMS (Systems Management Server) software used to keep his laptop up to date was not functional. Neither was its antivirus protection. And the laptop was crawling with malicious programs that were most likely responsible for the files on his PC.

Fiola had been an investigator with the state's Department of Industrial Accidents, examining businesses to see whether they had worker's compensation plans. Over the past two days, however, he's become a spokesman for people who have had their lives ruined by malicious software. He now works as an insurance salesman in North Scituate, Rhode Island

Following is an edited transcript of a telephone interview he gave to the IDG News Service.

IDGNS: Why did you need a laptop at the Department of Industrial Accidents?

Michael Fiola: We had a laptop basically to do our reports instantaneously. If I went to a business and found that they were out of compliance, I would log on and type in a report so it could get back to the home office in Boston immediately. We also used it to research businesses.

IDGNS: Had you used a work laptop before?

Fiola: Yes, this was a second-generation laptop. My [first] computer was stolen out of my vehicle outside of work in Boston in November 2006.

IDGNS: How long had you been using a laptop before this one was stolen in November?

Fiola: About a year and a half.

IDGNS: Did you notice anything strange about this new laptop when you started using it?

Fiola: Not at all. I'm not that computer-savvy of a person. I'm more of a hunt-and-peck type of guy. I can get in, I can do my e-mail. You tell me to do this form, I can do this form, and that's about it. I typically don't search the Internet, I typically don't go out and browse. I don't play any games. I don't go to chat rooms; never have, never will. I was basically using it for my job.

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