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. ..Continued.. by Tech-Dirt
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