Senior US District Judge Leon Jordan rules against FBI in PlayPen case

[Mirimir]

On 10/25/2016 10:24 PM, juan wrote:
> On Tue, 25 Oct 2016 21:56:38 -0600
> Mirimir <mirimir at riseup.net> wrote:
> 
>> On 10/25/2016 09:46 PM, juan wrote:
>>> On Tue, 25 Oct 2016 21:18:07 -0600
>>> Mirimir <mirimir at riseup.net> wrote:
>>>
>>>> | Senior U.S. District Judge Leon Jordan ruled that the Federal
>>>> | Bureau of Investigation violated both the US Constitution and
>>>> | federal rules of criminal procedure when they hacked nearly
>>>> | 1,300 users who accessed the PlayPen child porn site.
>>>>
>>>> https://www.deepdotweb.com/2016/10/26/knoxville-federal-judge-rules-fbi-playpen-case/
>>>
>>>
>>> 	"Jordan allows the government to use the evidence gathered
>>> by the FBI" 
>>>
>>> 	Plus, if the fbi has any sort of 'problems' they simply
>>> have to go to a different court of 'justice' which will finally
>>> 'agree' with them.
>>
>> Yes, it's a narrow victory. But still, the FBI couldn't just shop for
>> an agreeable judge. If they want a national investigation, his ruling
>> means that they'd need a warrant from a federal judge. Which, I'm
>> guessing, is harder to get.
> 
> 
> 	I admitedly don't know the bureaucratic details. Yes,
> 	jurisdiction shopping isn't ther right term, my bad.  But
> 	ultimately the case might end up in the so called supreme
> 	court? 

Possibly. There are over 1000 of cases from this investigation, and so
there will probably be conflicting rulings in various courts. And so
eventually it could go the Supremes. And they might even take it on.

> 	Anyway, has the government come up with any story as to how
> 	they found the server? Is it the usual tale : we can't find
> 	hidden services because tor is so great, so we easily
> 	hacked the server since the admins are retarded and were
> 	running php 1.3?

I haven't seen anything definitive. I gather that they pwned Playpen in
early 2015. The CMU attacks occurred in early-mid 2014. So they might
have identified the Playpen server from CMU data. Or they might have
found clues in the TorMail stuff from Freedom Hosting.

>> On the other hand, we know that the NSA does whatever it wants. And
>> parallel construction. So truly a narrow victory. Arguably illusory.
>>
> 
>