after years of scrutiny, a computer engineer in Alicante faced trial linked to child pornography found in his computer cache, and a controversial claim that a program he created could monitor the TOR network for illegal activity
The case involved allegations that a cybersecurity expert, once praised for his skills, had connections with civil guards and even supplied a tracking tool to assist investigators. The individual was arrested in April 2013 after his IP appeared in FBI alerts, amid a Spain-wide operation that yielded multiple arrests related to child exploitation materials.
Initial statements from the defendant did not significantly alter the trajectory of the case, which painted him, at times, as someone who explored the Deep Web in pursuit of illegal content. Critics later described a sharp contrast between his purported intent to aid law enforcement and the accusations of possession and distribution of explicit material.
9 months in prison
The cybersecurity professional, represented by lawyer Santiago Talavera Vico, faced nine months in prison on charges of possessing child pornography. The case was handled by Criminal Court No. 5 in Alicante, and a verdict was issued this month after the Public Ministry indicated it would not appeal, rendering the sentence final.
Evidence presented relates to activity dating back to 14 April 2013. Madrid authorities had ordered searches at the defendant’s residence, and the National Police conducted various procedures as part of the investigation. A forensic analysis of computer hardware by specialists from the Forensic Medicine and Computer Science units found some material of concern in the cache. The judge noted that there was no record of the individual viewing the material, and stated that the defendant had developed a program or application intended to create and index content within the TOR network, indicating an autonomous capability rather than direct usage by the accused.
Police imagery shows a routine registry check of a mobile device during the investigation.
There is acknowledgment that the defendant contributed the software for investigative purposes, working in coordination with Civil Guard agents and judicial police who supplied the tools used in these operations.
Courses and seminars
In its ruling, the magistrate highlighted that the defendant continued his professional work as a lecturer at the University of Alicante and in other cybersecurity programs and seminars focused on hidden networks, TOR, and the Deep Web.
The magistrate noted that the verified facts did not amount to a crime and that the police reports used to prepare the assessment did not reflect awareness that the accused had created a tool to index material from the secret network. There was no evidence of deliberate viewing of the content, which remained in the cache and appeared limited in size. This, the court determined, undermined the claim of intentional possession or distribution.
Several witnesses and Civil Guard officers testified that the defendant helped shape a tool described as a browser or indexing application and provided it to the Guardia to support investigations when existing programs were insufficient. They also described participation in numerous conferences and seminars and ongoing cooperation with security institutions and forces.
“Resounding” evidence for the judge
The presiding judge stated that the evidence upheld the acquittal, remarking that the examination of the facts should not rely on excuses offered by the defendant. The decision to acquit stood, emphasizing that the legal threshold for a crime had not been met given the context and the absence of demonstrated intent to view or distribute material.
The acquitted individual was recognized as a seasoned information security expert with more than two decades of experience. Counsel for the defense claimed the person had conducted courses for security personnel and had trained police units at the National Police Academy in Ávila. The lawyer described a history of regular collaboration with security forces, particularly in matters related to uncovering and addressing pedophilia networks on the Internet.
Overall, the court underscored that the professional activities in question did not justify a criminal conviction and highlighted the defendant’s role in education and training for law enforcement in relevant cybercrime areas. The judgment reflects the tension between the potential benefits of specialized software for investigations and the legal boundaries governing possession and indexing of sensitive material.
Source attribution: court records, statements from the defense and police authorities, and official seminary and conference affiliations were cited in the proceedings. (Source: court documents and accompanying testimony.)