FBI DISMISSES CHILD PORN PROSECUTION AFTER REFUSING TO HAND OVER DETAILS ON ITS HACKING TOOL

[link to www.blacklistednews.com]


The FBI has decided to let one of its Playpen defendants walk rather than turn over information on its Network Investigative Technique. The NIT, deployed all over the world on the back of a single warrant obtained in Virginia, unmasked Tor users by dropping code on Playpen visitors' computers that sent back IP addresses and other information about the user's computer.

The warrant itself has been ruled invalid by a number of judges presiding over Playpen prosecutions, although not all of them have determined that the evidence obtained by the NIT should be suppressed. The FBI not only sent malware to site visitors, but it also ran (and possibly improved) the child porn website for two weeks while pursuing its investigation.

Michaud's lawyer asked the court to force the FBI to hand over information on the NIT. The FBI countered, saying it wouldn't turn over the information even if ordered to do so. Judge Bryan, after an in camera session with the agency, agreed with the government that there was a law enforcement need to keep the details of the tool secret. But he also made it clear the government couldn't have both its secrecy and its evidence. He ordered all evidence suppressed.

With all evidence deriving from the forced exposure of Michaud's IP address, there was nothing left for the government to work with. It could have voluntarily turned over information to Michaud's defense lawyer for examination, but has chosen instead [PDF] to let Michaud go free. (h/t Andrew Crocker)

On June 23, 2016, the United States Attorney’s Office for the Western District of Washington filed a protective Notice of Appeal to preserve the right of the United States to pursue an interlocutory appeal of the order of the district court granting the defense motion to compel and finding, as a remedy for the refusal to comply that the evidence of the Network Investigative Technique (NIT), the search warrant issued on the basis of that evidence and the fruits of that search should all be suppressed.

Upon further review within the Department of Justice or the Court’s order and the record in the case, the United States has concluded that this appeal should not be pursued. It is for that reason that the United States now respectfully requests that this appeal be dismissed.