Fighting “I have been hacked” defense

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. So how can you figure out whether or not the suspect’s computer has actually been subject to unauthorized activities?

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