Jun 202016
 
 June 20, 2016  Court, Surveillance, U.S.

Tim Cushing writes:

Another court handling an FBI Playpen case has handed down its decision on a motion to suppress. Like other courts fielding prosecutions resulting from this massive investigation, it has found [PDF] that the FBI’s NIT (Network Investigative Technique) is invasive enough to be called a “search.” (via FourthAmendment.com)

The FBI must have felt its NIT deployment would be considered a search. That’s why it obtained a warrant in the first place. But it’s been frantically peddling “not a search” theories as court after court has declared its warrant invalid because the searches were performed outside of the issuing magistrate’s jurisdiction.

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