With a rather worrying and unexpected move, the FBI stopped prosecution against a man accused of taking pictures of child sexual abuse, not to reveal details of how they were traced.
Jay Michaud, a teacher from the Vancouver της Washington, συνελήφθη τον Ιούλιο του περασμένου έτους, μετά την επίσκεψη του στο Playpen, ένας web space συνάντησης που υπάρχει στο dark web για δεκάδες χιλιάδες διεστραμμένους που το χρησιμοποιούν για να ανταλλάξουν εικόνες και βίντεο με porn and child abuse.
Unknowingly at the time of his visit, the FBI was for about a fortnight, the site administrator, when he managed to access the servers that he used.
This way the feds were able to install a network investigative technique (NIT) that helped them find real IP and MAC addresses. For those who don't know Playpen was hidden in the anonymous Tor network, and spyware was necessary to unmask the suspects (about 1.300 IP addresses were collected during the operation of the server from the FBI).
According to the prosecutor's office, a police raid at the actor's house revealed too many photos and videos of child sexual abuse on his computers. But guilty or not, it does not matter why the FBI filed an application to stop the prosecution [PDF] at the end of the previous month.
Why
Because Michaud's lawyer was persistently asking the FBI for a sample of the NIT code he used to check to make sure he didn't violate the conditions of the warrant used by the FBI to install the malware.
US District Judge Robert Bryan agreed, saying that if the prosecution did not show the code, it would have to reject the charges.
The Playpen case has proven to be a legal minefield in more than one way. For starters, the assumption that the same FBI for 15 days at least shared images and videos of child abuse had troubled many.
Continuing the service requested only one warrant for the distribution of NIT spyware worldwide, which was illegal at the time.
This is no longer the case since the change to Article 41 of the Federal Criminal Procedure Code approving such international warrants entered into force on December 1 of the previous year.
And in the past the FBI has dropped prosecutions to reveal the techniques researchς τους, ιδίως με τον εξοπλισμό παρακολούθησης κινητών Stingray. Όμως οι περιπτώσεις ήταν ελάχιστες και δεν ήταν τόσο σοβαρές όσο οι περιπτώσεις παιδικής σεξουαλικής κακοποίησης.