Jun 012016
 
 June 1, 2016  Court, Surveillance, U.S.

I had noted this opinion last week, but now June Williams has more on the court’s opinion in U.S. v. Michaud:

 A federal judge has thrown out evidence in a child pornography case after prosecutors refused to turn over the code used to hack the defendant’s computer.
U.S. District Judge Robert Bryan ordered the government to provide the defense with the full code of malware used in a network investigative technique (NIT), a type of hacking that traces website viewing back to the computer used.
The FBI used the method to trace users of the “Playpen” child pornography website. The FBI seized the site last year but continued to operate it for two weeks while using malware to trace visitors.

Read more on Courthouse News.

  2 Responses to “WA: Without Code, Judge Tosses Evidence in Child Porn Case”

  1. What a selfish ruling by the judge. I hope he does not have any children or grandchildren that could potentilly be exposed to this sort of emotional damage. Why on earth do you need to see code? if the person involved has been to a child pornography forum, bord or website, and has the evidence on their personal assets, they are guilty.

    The defense’s play to expose proprietary code or trade secrets is lame.

    But you know what? That sick SOB is going to do it again. And the FBI will be waiting. In the meantime, I hope this sick SOB is tagged, tarred and feathered.

    • Defendants have a right to such discovery so that they can defend themselves. I wouldn’t want to see that eroded just because you or society cares about the nature of the crime.

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