Judge throws out NIT findings of an FBI Investigation

A judge, for the first time, threw out evidence obtained through the use of NITs in this case against people caught using a darknet CP site.

I wonder how this would impact future honeypot sites?

http://motherboard.vice.com/read/in-a-first-judge-throws-out-evidence-obtained-from-fbi-malware


Comments


[24 Points] Anti-Hero_AU:

Good.

I hate people who engage in CP, but it's good to know government malware is subject to the same laws as all other malware and the feds can't just issue any warrant without jurisdiction (not that this will stop them from trying, and in many cases succeeding).


[6 Points] RosyPalm:

I wonder how this would impact future honeypot sites?

I believe the reasoning behind invalidating the warrant is a Magistrate signed off on it not a District Judge. LE will still be able to run a honeypot, they just need to ask the right person.

Judge Young, however, also noted that federal rules of procedure and case-law do not restrict the ability of more senior judges, known as "district judges," to issue orders outside of their district. Among other citations, Judge Young cited a case that found "[u]nlike magistrates, the jurisdiction of district courts is usually defined by subject matter and parties rather than strictly by geography."

http://arstechnica.com/tech-policy/2016/04/judge-invalidates-warrant-that-let-feds-hack-tor-using-child-porn-suspect/


[1 Points] CynicalElephant:

Man, I wish we could still arrest those people somehow anyway. But that judge did the right thing.


[1 Points] 60k_Risk:

As someone who only browses this sub for a good read - what does NIT mean?


[1 Points] J0NJ0NES:

Everyone needs to see this for what it is. CP has long been one of those often given excuses to erode our civil liberties. This case is no different.

With the utmost respect, the US government does not consider CP to be an important issue in and of itself. The US government does however use CP as political cover for instituting whatever policy they wish. In this case, to help legitimize through precedence their digital spying apparatus. They'll say, "you see, these are the tools we need to stop CP."

You may substitute the term "CP" in the above text with "terrorism", or whatever the fear de jour may be.