https://arstechnica.com/tech-policy/2017/03/doj-drops-case-against-child-por... https://arstechnica.com/tech-policy/2017/04/to-keep-classified-docs-from-wik... https://arstechnica.com/tech-policy/2017/03/to-fight-tor-hack-prosecutions-a... https://www.documentcloud.org/documents/3532835-Malware-Guide-3-30-17.html The new 48-page guide—authored by the Electronic Frontier Foundation, the American Civil Liberties Union, and the National Association of Criminal Defense Lawyers—seeks to: …educate defense attorneys about these highly intrusive surveillance techniques and to help them prepare a zealous defense on behalf of their clients against secretive and potentially unlawful hacking. Such hacking has never been discussed by Congress, and we in no way endorse government hacking. However, given that the federal government is deploying malware and a recent amendment to Rule 41 only makes such deployment easier, it is our goal to ensure that all uses of malware are subject to meaningful Fourth Amendment analysis so that malware is installed only when supported by individualized suspicion. Our Fourth Amendment right to be free from unreasonable searches applies regardless of whether new technology is involved in effectuating a particular search; however, the law may be slow to catch up, particularly when the government goes to great lengths to hide details about its use of new surveillance techniques. Because, as described below, nearly every challenge to the government's use of malware to date has arisen in the context of watering hole attacks on child pornography sites, this report focuses on that context. 8 As with all new technologies, however, the government's use of malware will expand to other contexts and may be used for increasingly intrusive searches. 9 Therefore, this guide highlights good precedent and offers arguments to distinguish existing bad law and to help ensure those decisions are at least limited