FBI Says It Will Ignore Court Order If Told To Reveal Its Tor Browser Exploit Because It Feels It's Above The Law
Apr 25, 2016
There are a bunch of different cases going on right now concerning the FBI secretly running a hidden Tor-based child porn site called Playpen for two weeks, and then hacking the users of the site with malware in order to identify them. The courts, so far, have been fine with the FBI's overall actions of running the site, but there are increasing questions about how it hacked the users. In FBI lingo, they used a "network investigative technique" or a NIT to hack into those computers, but the FBI really doesn't want to talk about the details.
In one case, it was revealed that the warrant used by the FBI never mentions either hacking or malware, suggesting that the FBI actively misled the judge. In another one of the cases, a judge has declared the use of the NIT to be illegal searches, mainly based on jurisdictional questions (the warrants were for Virginia, but the individuals were far away from there).