Feds-let child pornos go free rather than reveal malware code

And now for something completely different.

Some folks using TOR to log into a child porno site (taken over by the Feds) got a bug dropped onto their system that revealed real IP#. This action was based on ONE out of district warrant. (One warrant to cover the whole US and hundreds of people – not quite what the Founders intended I think).  Several cases dismissed or evidence ruled out in various circuit courts due to improper warrant.

OK, about 135 got arrested.  Some copped plea deals.  Others fought in court.

Fed Judge, on one defense council’s motion demanded source code of the bug.  Perhaps to determine if it was prone to error in identifying real IP#s.

But Fed prosecutors won’t give it up and would rather not appeal the motion and drop the case.  I guess their argument is that rather some kiddie porn aficionados go free than reveal a tool to spy on the citizenry.  Fed Prosecutors and FBI work hand in hand, but since the “Patriot” Act, FBI works hand in hand with NSA, and other TLAs using tools meant for out of country deployment.  Said TOR shredding bug could have origins in FBI Labs, Ft. Meade, Cheltenham, or lord knows where else.

“In this case, US District Judge Robert Bryan eventually ordered the government to hand over the NIT’s source code. Since that May 2016 order, the government has classified the source code itself, thwarting efforts for criminal discovery in more than 100 Playpen-related cases that remain pending…..”

Unless the “network investigative technique (NIT),” is used extensively in terror investigations (over riding public morality and kiddie porn usage), the only other reason I can see for classifying it would be its use by intelligence agencies. Protecting “sources and methods”.

It presupposes either control of the path to the targeted website/data source (Man in the Middle attack) or control of the site itself to drop the bug on the client accessing the data.  In this case they controlled the kiddie site.  Do they control or have compromised ISIS sites? Other radical sites?  The network leading to them?  I certainly expect one or two of those.  As anyone with a lick of sense would try to protect themselves accessing those sites, TOR would be one tool used and a means to negate that protection would be a valuable asset.  But if so, why in the hell give to the Flatfoots so they can chase masturbators?

Maybe it was meant as an “investigative” tool, to develop the cases independently; just like NSA helps DEA inside the US.  As long as none of the intercepts cross the shadow of a Federal Court.  It would be just like US Attorneys and FBI to ignore any limitations and now their teat is caught in a wringer AND revealed a TOR beating tool to any and all worldwide interested parties.

R

http://arstechnica.com/tech-policy/2017/01/feds-may-let-playpen-child-porn-suspect-go-to-keep-concea
ling-their-source-code/