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FBI Must Reveal The Code It Used To Hack Dark Web Pedophiles (engadget.com)

schwit1 writes: A judge has ordered the Federal Bureau of Investigation to turn over the complete code it used to infiltrate a child pornography site on the Dark Web, Motherboard reports. The FBI seized the Tor-based site known as "Playpen" in February 2015 and kept it running via its own servers for two weeks -- during this time, the bureau deployed a hacking tool that identified at least 1,300 IP addresses of visitors to the site worldwide.

Playpen was "the largest remaining known child pornography hidden service in the world," according to the FBI. Roughly 137 people have been charged in the sting so far, Motherboard says. On Wednesday, a lawyer for one of the defendants won the right to view all of the code that the FBI used during the Playpen operation, apparently including the exploit that bypassed the Tor Browser's security features.

105 comments

  1. *pushes easy button* by Anonymous Coward · · Score: 0

    if (user.isUsing(NetworkType.Tor))
        return true;

    1. Re:*pushes easy button* by JWSmythe · · Score: 1

      Too easy. How about ...

      <img src='https://69.58.186.114/images/totally_not_a_webbug.jpg.php' width='1' height='1'>

      --
      Serious? Seriousness is well above my pay grade.
    2. Re: *pushes easy button* by Anonymous Coward · · Score: 0

      Why weren't they forced to do this for the Silk Road case?

    3. Re: *pushes easy button* by Anonymous Coward · · Score: 0

      Bad lawyers?

    4. Re:*pushes easy button* by Anonymous Coward · · Score: 0

      It's not that easy. The site in question was a .onion site accessible only through the TOR anonymity network. The IP address of the host requesting your web bug image would appear to be the IP address of the exit node to that server, hence the need for hacking of some sort (javascript exploit or the like) to trick the host browser into making that particular request outside of the TOR secure channel somehow and revealing the actual IP of the host and not some random TOR exit node. Previously, the FBI made use of a javascript vulnerability in earlier versions of the TOR browser bundle which was termed "heap spraying" to cause the request to happen outside of the secure channel. That bug was fixed in subsequent versions, so they must have found a new zero day javascript exploit in the current version of the TOR browser bundle or else caught only those users still using the old un-patched version with the same technique they have used on previous occasions.

    5. Re: *pushes easy button* by Megol · · Score: 1

      Easy to understand if you actually know about the case - there were no special code used.

    6. Re: *pushes easy button* by minstrelmike · · Score: 1

      Why weren't they forced to do this for the Silk Road case?

      Silk Road's ip address was discovered thru examining a bunch of on-line records, as was the email identity of the founder. No hack was involved. Once they had a target, social hacking occurred.

    7. Re:*pushes easy button* by JWSmythe · · Score: 1

      Ya, I know, it was just an easy joke to make. :)

      --
      Serious? Seriousness is well above my pay grade.
  2. Small fix by Anonymous Coward · · Score: 0

    Playpen was "the largest remaining known-to-us child pornography hidden service in the worldnot counting those we choose not to admit we know about," according to the FBI.

    There, fixed that for you.

    1. Re:Small fix by Pikoro · · Score: 2

      Nope. As stated, we no longer have to "think of the children". It's no longer a valid excuse for new draconian laws.

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
  3. all the code? by turkeydance · · Score: 2

    it would be interesting to find out if and how it was verified as *all*.

    1. Re:all the code? by beakerMeep · · Score: 2

      I would assume it would have to be enough of the code for the FBI to prove it was able to use that code to identify the defendants.

      --
      meep
    2. Re:all the code? by Anonymous Coward · · Score: 1

      You know what happens when we assume?

      We get upmodded "insightful" on /.

  4. Eliot by Anonymous Coward · · Score: 0

    I thought Eliot did this in the pilot for Mr Robot.

  5. FBI not in trouble? by Anonymous Coward · · Score: 5, Insightful

    I think the bigger story here is that the FBI actually ran a child porn site instead of knocking it offline... WTF. We all understand the premise of why they did it but that can't be a legal way to catch those people. You can't break the law to uphold the law. That's an oxymoron right?

    1. Re:FBI not in trouble? by Joe_Dragon · · Score: 2

      just pin in it on fox molder and that scully chick

    2. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      The state exempts itself from the law when it's convenient.

    3. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      The government likes to call these kinds of things "sting operations" so that they can exempt themselves from the legal repercussions.

    4. Re:FBI not in trouble? by dsmatthews9379 · · Score: 2, Interesting

      It would be an extension of this principle, https://www.quora.com/Why-are-...

    5. Re:FBI not in trouble? by jonwil · · Score: 3, Insightful

      Its no different to an undercover cop pretending to be a drug dealer and engaging in a drug deal so the hidden cops can spring forth and bust the bad guy.

    6. Re:FBI not in trouble? by Anonymous Coward · · Score: 1

      One thing is for the undercover cop to pretend to be a drug dealer, and it's another for the undercover cop to actually BE a drug dealer. While it's quite possible to "sell drugs" that turn out to be talcum powder or something and use that in court to convince a jury that the suspect didn't know it was talcum powder but thought it was drugs, and quite another to run a child porn site. I'm not sure how they could do that without actually distributing child pornography.

    7. Re:FBI not in trouble? by Anonymous Coward · · Score: 4, Insightful

      Its no different to an undercover cop pretending to be a drug dealer and engaging in a drug deal so the hidden cops can spring forth and bust the bad guy.

      No, there's a difference. In the fake drug deal the drugs themselves are often fake as well. For example, baking powder for cocaine or milk chocolate for heroin, etc. This is effective because the real drug dealers already cut their drugs with these and other substances and it's easy to prepare and package these materials so that they look very convincing at first glance. Not so with child porn. If an image is CP, of the sort often sought out by those who want it, it's patently obvious whether that image is the real deal or not both to the police and anyone else. Moreover, the mere transmission or possession of that image is itself a crime, regardless of intent. Since it's impossible to show the images to anyone without committing a crime and the people they caught could not be arrested immediately, the FBI was effectively engaged in bona-fide illegal activity for a matter of weeks of the sort that would never have occurred in a sting like your fake drug bust or for example on the television program "To Catch a Predator", where there was never any actual CP on offer. Do you understand the difference now?

    8. Re:FBI not in trouble? by dgatwood · · Score: 5, Insightful

      Its no different to an undercover cop pretending to be a drug dealer and engaging in a drug deal so the hidden cops can spring forth and bust the bad guy.

      Uh, it isn't even similar. In a sting operation, the operation ends when the person buys the drugs. The purpose is to get them to buy the drugs, but at that point, they arrest the person. In this case, they download the fake porn that tattles on them, but they also continue to download real porn from systems run by the government, upload new porn to systems run by the government, and trade porn in a marketplace run by the government over an extended period of time.

      This is more closely equivalent to a rogue CIA agent infiltrating a drug cartel and then continuing to run it for a decade, growing and selling drugs, killing members of competing cartels, and advertising the availability of drugs in an effort to entice (entrap) people who otherwise might not have bought them, all under the pretense that while his or her organization deals drugs, he or she will also periodically slip the police a list of some of the people who are buying so that they can eventually do a sting operation and bust them....

      This is so far outside the bounds of what should legitimately be legal in a free society that it is downright terrifying. There's a bright line between pretending to be part of a criminal organization and participating in the operation of a criminal organization, and from what I've read about this operation, I would say that they crossed that line by a large enough distance that they couldn't even see it in their rearview mirrors....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:FBI not in trouble? by Anonymous Coward · · Score: 5, Insightful

      So does the mob that hangs the politicians.

    10. Re:FBI not in trouble? by Citizen+of+Earth · · Score: 2

      Lying isn't illegal in and of itself.

    11. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      Can a cop speed to catch a speeder?

    12. Re:FBI not in trouble? by quintessencesluglord · · Score: 3, Insightful

      You say that so nonchalantly, as if there isn't a huge moral problem with law enforcement goading people to break the law.

      I mean it's not enough that the police claim they don't have the manpower to investigate crimes people really do care about, like robbery and murder, and yet can devote substantial resources to busting petty drug users.

      Here's a clue: if your government can justify deceiving you in the name of some greater good, it has moved from servant to paternalistic.

      Which is exactly what posing as a drug dealer is.

    13. Re: FBI not in trouble? by Anonymous Coward · · Score: 0

      No, they use real drugs or get shot on the spot. They just don't let you keep them. The FBI, on the other hand just distributed child porn to the whole world.

    14. Re:FBI not in trouble? by Mashiki · · Score: 1

      Its no different to an undercover cop pretending to be a drug dealer and engaging in a drug deal so the hidden cops can spring forth and bust the bad guy.

      Except the use of drugs for the purposes of busting said dealers happens in only very rare circumstances. Usually where the suspect is highly suspicious that it's going to be a sting. In this case, they ran in, claimed the site and kept running it.

      --
      Om, nomnomnom...
    15. Re:FBI not in trouble? by h33t+l4x0r · · Score: 1

      Are the cops actually using the drugs? I'm pretty sure they get in trouble if they do. Viewing child pornography is the only crime that the judge, cops, and prosecutor all actually commit themselves routinely.

    16. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      Only that the argument is flawed:

      For instance, a detective might tell a burglary suspect that he had been very careful not to leave evidence of his crime, except for the one fingerprint they found on a window. If the suspect knows he had never been in the house, he also knows that his fingerprint couldn't be on the window, so he wouldn't believe the detective's lie.

      If I were that suspect, I would think one step further and conclude that what the detective is trying to say is that they will fabricate evidence against me if I don't "confess".

    17. Re:FBI not in trouble? by Anonymous Coward · · Score: 5, Informative

      Lying isn't illegal in and of itself.

      It depends upon who lies to whom. Lying to an FBI agent investigating a crime is itself a crime. That's what they got Martha Stewart on, not the actual insider stock trade but lying to investigators about her level of involvement in the scheme. That's why any competent attorney will advise their client never to answer questions unless the attorney is present and able to advise the client on whether or not to answer a particular question and the advice to the client, when answering, will always be to answer truthfully or else refuse to answer the question on 5th amendment grounds. Of course the investigators are free to lie or trick the person being interviewed which is what makes speaking to the police without an attorney present so incredibly dangerous that nobody should ever do it.

    18. Re:FBI not in trouble? by dak664 · · Score: 2

      Actually the larger crime is to sell such porn, and the ip address is used for subsequent sting operations to induce the downloader into uploading something. Then they make the arrest for trading==selling child porn.

      It seems to me that law enforcement commits that crime first. And I wonder how many of those netted by such operations would have been able to resist the urge had the gov't not tempted them with lurid pictures.

    19. Re: FBI not in trouble? by Anonymous Coward · · Score: 0

      ? So installing tor, seeking out CP site, going to CP, viewing CP == luring? Gimme a break.
      I have no sympathy for someone who seeks out CP. This isn't a thought experiment, this isn't barely illegal teen stuff, these are really disturbed people seeking out pictures of children.

    20. Re: FBI not in trouble? by dak664 · · Score: 1

      Posession of CP is arguably a victimless crime, particularly if it is a cartoon drawing of a kid face on a naked adult body, and it currently has no mandatory federal minimum sentence. But distributing such pictures has a 5 year minimum, possibly because it encourages degeneracy in others (not that i am privy to the actual reasoning behind the law). People do grow out of their hormonal episodes of insanity, often with no lasting harm.

      But it seems to me, what's sauce for the silly goose should be sauce for the federal ganders.

    21. Re:FBI not in trouble? by PinkyGigglebrain · · Score: 3, Informative

      Not the first time they have done something like this. I remember reading that back pre-Internet when the last publishers of Dutch mail order CP magazines closed up shop due to the changing laws the FBI actually started to reprint the magazines for a time so they could continue to advertise, mail and then arrest anyone who ordered them for possession of CP. So apparently the FBI was actually running a CP magazine business for a time. Of course it was all to protect the children.

    22. Re: FBI not in trouble? by Anonymous Coward · · Score: 0

      Yes

    23. Re:FBI not in trouble? by GuB-42 · · Score: 1

      It is also illegal to sell anything as drugs. Selling talcum powder as cocaine can get you in legal trouble as much as if you sold the real deal.
      In fact, it would make sense to make the sentence worse for fake drug dealers. Real drugs, at least the most popular ones, have well known effects, we know how to treat them and should one take them, steps can be taken to minimize the risks. Fake drugs, not so much. Some products can be more toxic than the real thing, especially when injected. Variations in purity (including the 0% purity of fake drugs) are also a common cause of overdoses.

    24. Re:FBI not in trouble? by Anonymous Coward · · Score: 1

      I think the bigger story here is that the FBI actually ran a child porn site instead of knocking it offline... WTF. We all understand the premise of why they did it but that can't be a legal way to catch those people. You can't break the law to uphold the law. That's an oxymoron right?

      Government agents break the law everyday. It is just one of the many perks you get for being a government insider. The FBI is the biggest importer of child porn in the nation (to catch pedophiles and supply Congress). The CIA smuggles heroin in order to fund its black ops. The DEA smuggles cocaine in order to keep on good terms with the Sinaloa drug cartel (who rats out their competitors). The ATF smuggles guns for the DOJ (Operation Fast and Furious, Operation Gunwalking). The military smuggles forbidden technology to countries hostile to the US (Iran-Conra affair). Most large robbery rings operating inside airports are run by the TSA. Congressmen are allowed to use illegal insider trading to enrich themselves, and only a tiny percentage of police officers caught lying under oath or deliberately murdering someone on video are ever prosecuted. The list is nearly endless.

    25. Re: FBI not in trouble? by Anonymous Coward · · Score: 0

      Go after the ones having and filming this shit!!!!!!!!!!
      Nd

    26. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      "potheads" are without exception smarter than you. :)

    27. Re:FBI not in trouble? by Anonymous Coward · · Score: 0

      Govt can and does whatever it wants, aided by willing accomplices in the judiciary and legislature.

    28. Re: FBI not in trouble? by Anonymous Coward · · Score: 0

      In my state, cops are exempt from speeding laws at all times, regardless of whether they are chasing a suspect.

  6. IT Dept by Anonymous Coward · · Score: 3, Insightful

    Can you imagine working for their I.T. department when that order came down? "You want me to do what?"

  7. Government = shit by Anonymous Coward · · Score: 0

    How fast would this lawyer disappear into a government black prison if he were to share the details?

  8. Suggestion for submissions by Anonymous Coward · · Score: 5, Insightful

    Submissions should preferably link to primary sources instead of sites that just repackage the story from the original, i.e. just link to Motherboard's article to begin with and give them the clicks instead of Engadget.

    1. Re:Suggestion for submissions by Anonymous Coward · · Score: 0

      Maybe it's a misconception that readers submit stories and summaries.
      Most submissions and summaries are being written by folks from repackaging websites.
      If link would be changed to primary sources, most submissions would disappear, and eventually Slashdot would too.
      Have you ever submitted a story?

  9. Could the FBI hide behind 3rd party code? by swb · · Score: 5, Insightful

    Let's say the FBI wanted to do some task with software, but didn't have the expertise in house. So they discuss what they want done with a third party, who decides they can do it but will only license the software to the FBI, not sell it to them outright. As part of their agreement, they supply a binary module (like a graphics driver blob file) to the FBI they can interface with.

    Now, the FBI ends up being required to reveal its code to a defendant. The third party module ends up being key to the defendant's discovery. The FBI doesn't have the source code to the module, so they can't supply it -- in fact, they have a binding contract saying they can only have the binary module.

    Does the third party have to reveal their source code? Can the FBI effectively hide behind their contract with the third party?

    If yes, it seems kind of scary -- the FBI can basically outsource their techniques and then hide behind their contracts. Scary because I would imagine the defendants might be making a case that the evidence convicting them is false, but because the FBI could hide behind a third party contract, the defendant can't verify the claims. The FBI, could, in theory at least, use sham agreements to ensure their dirty work remains beyond discovery.

    The similar kinds of things I can think of are the DWI cases that were challenged over the source code to breathalyzers and the contract language of at least one of the Stingray makers who forbid the details of their device being revealed.

    1. Re:Could the FBI hide behind 3rd party code? by JoeRandomHacker · · Score: 5, Insightful

      Possibly, but the defense has the right to question how the evidence against them was collected. If such a tactic were to prevent such inquiry, it could be grounds to have the evidence tossed out.

    2. Re:Could the FBI hide behind 3rd party code? by Sax+Russell+5449D29A · · Score: 1

      Does the third party have to reveal their source code? Can the FBI effectively hide behind their contract with the third party?

      Look no further than this for clues.

      It's obvious that this type of activity will be eventually vetted and weighed in the Supreme Court.

      --
      -SR
    3. Re:Could the FBI hide behind 3rd party code? by currently_awake · · Score: 1

      Court orders take precedence over contracts. Contracts to break the law are not binding. Entering into an agreement, for the purpose of breaking the law, is conspiracy.

    4. Re:Could the FBI hide behind 3rd party code? by Anonymous Coward · · Score: 0

      One would throw the case out if source code not produced. Evidence is auditable, and purported claims must show an exploit could not be double exploited, or itself, introduce a new security vulnerability.

      The chain of evidence must be secure. If a black blob of code bypassed some security feature, then if could also be possible that 'dynamic packet' manipulation inserted the IP's of well, nearly anyone the FBI wanted to set up or frame. A really sneaky person could masquerade as another person closer to the honeypot.

      The defendants should go further, demand server logs etc, and use packet latency to show they is no 'end-to-end' packet security. words like 'reasonably confident' and 'highly unlikely' are really not good enough given some of the blockbuster hacks on .gov data.

      One thinks the real outcome will be 'no', because it would prove a series of intercontinental man in the middle attacks, where it would suggest foreign intelligence services colluded (whoops broken chain of evidence) and really bad, if EU privacy legislation was broken without warrants.
      The the issues of .gov running and operating nasty honeypots for months raises the question of illegal stings etc.

      A possible lawful conclusion is the tor browser can be tricked , so all packets were point to point and never left the USA.

    5. Re:Could the FBI hide behind 3rd party code? by FlyHelicopters · · Score: 2

      Does the third party have to reveal their source code? Can the FBI effectively hide behind their contract with the third party?

      To the first question, bring the third party into court, ask them for the code.

      You might or might not get it, but if you don't, it becomes grounds to question the evidence and you might get it thrown out.

      In other words, the FBI might or might not be able to give you the code, but the Judge doesn't have to allow the evidence gathered from the code into court either.

    6. Re:Could the FBI hide behind 3rd party code? by Anonymous Coward · · Score: 2, Informative

      In the case of Stingray cellphone interceptors, when a defendant asks about that evidence, the FBI usually drops the case. Seriously, they'd rather drop a case altogether than have a Stingray be challenged in court. So if they'd rather hide behind an NDA or something here, they're gonna need to withdraw some charges.

    7. Re:Could the FBI hide behind 3rd party code? by swb · · Score: 1

      I don't see where the court has the authority to order the third party to reveal their code. The FBI and the US attorney are the ones accusing the defendant of committing a crime, the third party contractor is merely providing a component to the FBI.

      Say I was accused of drunk driving. I challenged his probable cause to pull me over. He said I was weaving, I said I wasn't, his car was weaving creating the illusion on a dark night that i was weaving. He was driving a Ford Crown Victoria and I want him to demonstrate his car doesn't weave, creating the false impression that my car was weaving. So I can subpoena the proprietary engineering designs of Ford Motor Company merely because the officer was using a Ford to patrol the highway?

      The contract was never to break the law, it was to produce software. There's no evidence of fraudulent intent, the FBI just didn't have the resources to produce the software. The specialized knowledge of the developers was necessary to produce the software and it gives them leverage to decide how they will sell their product to the FBI. The FBI may even encourage the group to license a binary only version, believing that it serves some lawful purpose, like protecting its secrecy or for national security.

      Even if it was a conspiracy, it would be hard to prove because the elements of intent are so hard to demonstrate.

    8. Re:Could the FBI hide behind 3rd party code? by swb · · Score: 2

      I think this is probably the best line of questioning, to challenge the efficacy of the FBI's collection methods as producing valid information. Their secret spy software isn't something of generally accepted reliability, like DNA or fingerprints.

      The trouble is, the FBI could give you all their source code but it would be a nightmare to sort it out. They probably wouldn't be required to describe it line by line, it would be up to the defendant's experts to figure out what it did and if it worked and whether it was complete. The FBI would just have to be careful to claim only that their supplied source code was just that, all their source code. It would be up to the defense to determine if there were libraries called not present or otherwise identifiable.

    9. Re:Could the FBI hide behind 3rd party code? by Motherfucking+Shit · · Score: 2

      So I can subpoena the proprietary engineering designs of Ford Motor Company merely because the officer was using a Ford to patrol the highway?

      I don't know, but you can certainly subpoena the proprietary source code for the breathalyzer machine he used.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    10. Re:Could the FBI hide behind 3rd party code? by Solandri · · Score: 2

      Yeah, the court seems to be following the same line of reasoning which got the source code for breathalyzers released.

      It's too bad for the FBI since it turns their tactic into a one-trick pony. But I believe the strategy around that in the gangster days was to not use the testimony of the stool pigeon directly in court against a suspect. Rather, use the info learned to set up other stings which would generate enough evidence to charge the suspect. Then they wouldn't have to reveal who their inside source was.

    11. Re:Could the FBI hide behind 3rd party code? by Anonymous Coward · · Score: 0

      If yes, it seems kind of scary -- the FBI can basically outsource their techniques and then hide behind their contracts.

      I always assumed that a contract, being a civil law thing, was trumped by criminal law when it came to court cases...but, hey, IANAL (and TFFT! I do not have the required twisty and selachian mindset to be one...)

    12. Re:Could the FBI hide behind 3rd party code? by mrchaotica · · Score: 2

      In any sane society, there is no fucking way a civil contract should ever be allowed to supersede a subpoena.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    13. Re:Could the FBI hide behind 3rd party code? by Anonymous Coward · · Score: 0

      That isn't how the game of discovery is played: it is all about increasing the chaff. The reason is that the prosecution wants to be accused of is willingly withholding anything as that can get the evidence excluded or worse. In this case, I wouldn't be surprised if they gave them an uncommented and no white space version of ALL the code. And I do mean all of it: the OS, the libraries, the runtimes, the web-server, the exploit used, random software installed by default, etc. Probably also include the requisite license text, just to increase the amount of files to go through.

  10. 1,300 seems a bit low by Anonymous Coward · · Score: 1

    1,300 seems a bit low for the "largest" child porn site. Makes me wonder if the exploit only worked on certain operating systems or older versions of the Tor Browser. If I recall correctly, the exploit they used a few years ago with Freedom Hosting sites used an exploit that was already patched, but many people still hadn't updated their Tor Browsers, or didn't use proper security settings, and were caught.

    So I really wonder if that's the case here.

    1. Re:1,300 seems a bit low by Anonymous Coward · · Score: 0

      With these numbers? Quite likely. I expect we will find out.

    2. Re:1,300 seems a bit low by fafalone · · Score: 1

      The exploit almost certainly required Javascript to be enabled like the last time they did this.. This effected people stupid enough to turn it on, and those stupid enough to not turn it off for the versions where it was enabled by default (and not update). Which makes what the FBI did even worse, because they had no realistic chance of even catching a large percent of US-based users. 1,300 should actually be appreciated as a huge number considering the small percentage of people smart enough to get on tor and locate such a site, but not smart enough to realize that visiting the most evil, illegal place on the whole of the internet with js enabled was just not a terribly good idea.

  11. Justice v. Executive by Anonymous Coward · · Score: 0

    Well, it's only a judge asking the FBI to release some information (and pretty please no parallel construction this time, if you don't mind that is).
    But given they can run major pedophile websites for a couple weeks without any consequences, it looks like they aren't really in that whole "following the law" business.

    When the executive goes rogue, judicials waving their wooden hammers around doesn't achieve anything.

    1. Re:Justice v. Executive by Anonymous Coward · · Score: 1, Insightful

      "run major pedophile websites for a couple weeks without any consequences" The consequences was the arrest of over 100 pedophiles. They did not run the website. They basically created a honey pot to collect information on any visitors. Law enforcement agencies engage in undercover actions all the time. One example is when undercover agents buy a few kilos of cocaine to go after the dealer. Purchasing the drugs does not mean they are dealing drugs. Buys of this nature go right into the evidence lockers and are eventually destroyed when no longer needed. anymore. I imagine in this case that the entire website will be saved as evidence. Depending on where the site was hosted they will go after any server logs related to this site.

      "it looks like they aren't really in that whole "following the law" business" Every thing they did in this investigation so far was perfectly legal. And you do realize you are actually support the suspected pedophiles? You are going after the FBI instead of the pedophiles. You are awarding the pedophiles the benefit of a doubt while giving none what so ever to the law enforcement agencies in this case.

    2. Re:Justice v. Executive by Pikoro · · Score: 1

      The consequences was the arrest of over 100 pedophiles.

      But are they really? Or are they just some people looking at pictures?

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    3. Re:Justice v. Executive by Anonymous Coward · · Score: 1

      That is the same thing - whether they molest anyone doesn't matter since the act of looking is also a crime.

    4. Re:Justice v. Executive by MindPrison · · Score: 2

      That is the same thing - whether they molest anyone doesn't matter since the act of looking is also a crime.

      Woah, that's a scary thing you just wrote there, anonymous or not... just the fact someone thinks like that is scary.

      There's a HUGE difference between the act of molestation and looking at images interpreted as such, the only reason to stop images like that spreading on the net is to stop unscrupulous people from profiting on the misery of the victims.

      The real scare here is where do we draw the line of what's okay to look at and what is not? Did you know that in some countries you can get arrested and jailed just for looking at drawn pictures? There's even a reason for that, and the alleged reason for this is that it's supposed to "normalize" actions depicted which is otherwise immoral and disgusting to most of us and to prevent real cases of molestations if the drawn material can arouse a potential abuser to want to commit an act of abuse in real life.

      All good intentions - but the problem is - we don't actually know if it makes any difference, heck...we don't even know if drawings would KEEP offenders from offending since they could potentially get an outlet for their feelings on that. And in my book - it's better that there are no victims (drawn characters aren't real, so nuff said). But I shall digress.

      The point is - if looking is a crime, what will you be looking at next that will be looked upon as a criminal act? Knowledge? What knowledge...

      --
      What this world is coming to - is for you and me to decide.
    5. Re:Justice v. Executive by Pikoro · · Score: 1

      In the eye of the law though, they are essentially the same thing.

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    6. Re:Justice v. Executive by Anonymous Coward · · Score: 1

      It wasn't just doing a google image search using privacy mode either. It was using a software system specifically designed for the purpose of hiding your actions, location, and other identifying information from people monitoring you.

    7. Re:Justice v. Executive by Anonymous Coward · · Score: 3, Insightful

      I agree with everything you said, right up to this:

      And do you realize you are actually support the suspected pedophiles?

      You're goddamn right I do, because the word "suspected" is different from the word "convicted". These people are innocent until proven guilty, and they ABSOLUTELY get the benefit of a REASONABLE DOUBT. The onus is always always always on the accuser to prove guilt, period.

      Anything less than that is facism.

    8. Re:Justice v. Executive by myowntrueself · · Score: 2

      That is the same thing - whether they molest anyone doesn't matter since the act of looking is also a crime.

      Depending on the jurisdiction it could be pics of 40 year old women in school uniforms...

      --
      In the free world the media isn't government run; the government is media run.
    9. Re:Justice v. Executive by Anonymous Coward · · Score: 0

      By your reasoning, all involved police officers are pedophiles because they looked. Hint: a psychological condition isn't the same as an act and cannot be a crime.

    10. Re:Justice v. Executive by Anonymous Coward · · Score: 0

      Genuine fascist reasoning.

    11. Re:Justice v. Executive by Cederic · · Score: 2

      Or cartoons.

      There are XKCD cartoons where applying a different descriptive label would turn them into child porn in the UK.

      The law really is that fucking stupid.

    12. Re:Justice v. Executive by dak664 · · Score: 1

      Methinks the AC doth protest too much...

    13. Re:Justice v. Executive by fafalone · · Score: 1

      The consequences was the arrest of over 100 pedophiles.

      And according to the official rationale, the re-victimization of thousands of abused children.

      They did not run the website.

      They absolutely did. They seized control and moved the site to their own servers, where they continued full operation. Their servers managed by their IT staff served abuse pics, accepted new members, accepted and distributed new pictures... everything.

      They basically created a honey pot to collect information on any visitors.

      They had to serve existing content and allow new content to do this? Never been an issue before with just not serving the real deal.

      Law enforcement agencies engage in undercover actions all the time. One example is when undercover agents buy a few kilos of cocaine to go after the dealer. Purchasing the drugs does not mean they are dealing drugs. Buys of this nature go right into the evidence lockers and are eventually destroyed when no longer needed. anymore

      But that's not what happened here. Imagine the officers bought those few kilos and sold it to thousands of men, women, and children, then just turned around and arrested 1% of them, long after they had consumed the content and in all likelihood sold it along to more people.

      I imagine in this case that the entire website will be saved as evidence. Depending on where the site was hosted they will go after any server logs related to this site.

      Which is what they should have done exclusively instead of becoming the administrators of a large scale child exploitation site.

      Every thing they did in this investigation so far was perfectly legal.

      According to a single low level judge. It's far from clear and far from resolved. There's material omissions in the warrant application alone that could invalidate the whole thing, like not mentioning they planned to take up serving images for 2 weeks (and it's pretty damn close to one of those 'general warrants' our founders hated so much; broad discretion to hack into and search an unspecified number of unknown people many of which were even outside US jurisdiction). *If* this practice stands, it's only because the clearly illegal nature was ignored for the benefit of catching pedophiles.

      And you do realize you are actually support the suspected pedophiles? You are going after the FBI instead of the pedophiles. You are awarding the pedophiles the benefit of a doubt while giving none what so ever to the law enforcement agencies in this case.

      And you're saying it's perfectly legal and ok for the FBI to victimize children in pursuit of people who viewed images. You've misstated their actions in clear bias towards being an authoritarian assclown who thinks any means are justified if the government says so, damn the implications, damn the victims, damn the victims families, damn due process, damn the law, damn the constitution, damn the doctrine of 'innocent until proven guilty', and damn the children whose records of horrific abuse were distributed to even more people by their very own government. Piss off. And nice job hiding behind AC.

    14. Re:Justice v. Executive by 0111+1110 · · Score: 1

      Buys of this nature go right into the evidence lockers

      And you know this how? Probably at least half goes into the pockets of the LEOs in question to be sold eventually.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  12. Motherboard source [Re:Suggestion for submissions] by XXongo · · Score: 4, Informative

    Submissions should preferably link to primary sources instead of sites that just repackage the story from the original, i.e. just link to Motherboard's article to begin with and give them the clicks instead of Engadget.

    Which is to say, here: http://motherboard.vice.com/re...

  13. It was probably just Flash by Anonymous Coward · · Score: 0

    I know Flash content could bypass a Tor-protected browser.

  14. Sexual deviants today, political deviants tomorrow by MindPrison · · Score: 5, Interesting

    This is all just a game.

    FBI have no real interest in the sexual deviants, they only want the tools and to be allowed to use the tools for whatever they want. The entire stings are public pleasers, get whoever the public have decided to hate this decennial and get the tools to get EVERYONE (not only the sexual deviants), but eventually when they LEGALLY got whatever tools they want - so NO one is safe, regardless of belief, creed, sexual orientation or political beliefs - the point is they want access to whatever you do, think and consider, every opinion that you have - so this can be used against you in a world with more and more rules, the masses being ruled by the few that wants it all.

    --
    What this world is coming to - is for you and me to decide.
  15. Re:Sexual deviants today, political deviants tomor by gweihir · · Score: 4, Insightful

    Unfortunately, that seems very, very likely. The very amorality of running the site for a time, when the DOJ's says that a main reason to make this type of content illegal is that it victimizes those depicted again is staggering. Only this time they were raped again by the FBI with official sanction. If that is not much, much worse, then I do not know what it. Hence I conclude that this is not about those targeted at all, and it certainly is not about protecting any victims.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  16. re: FBI pornsites, see also: Motherless by Rujiel · · Score: 2

    Motherless hosted CP and bestiality without any repercussions. Most obvious of all, initially its servers were located 20 minutes away from FBI's washington state headquarters.

  17. Re:Republicans always side with pedophiles... by Anonymous Coward · · Score: 0

    Old testament allows men to marry girls (read the hebrew, especially in deuteronomy). Women don't and women run(ruin) democracy.

  18. One activist judge breeds another! by Golbez81 · · Score: 0

    Bow before our activist overlord judges before it's all too late and chaos ensues!

  19. FBI Code vs Apple Code by no1nose · · Score: 0, Flamebait

    The FBI is ordered to produce a code but Apple does not have to unlock a government-owned iPhone of a known terrorist? What a world.

    1. Re:FBI Code vs Apple Code by Anonymous Coward · · Score: 1

      What a world.

      'People shouldn't be afraid of their government. Governments should be afraid of their people.', V, 'V for vendetta', Alan Moore.

      Corporations and government both, must be answerable to the people. Corporations must depend on the magnanimity of the government but not be part of the government.

    2. Re:FBI Code vs Apple Code by phorm · · Score: 1

      Yes. Government agency has to provide data for the defense's case (to among other things, prove that they didn't use illegal methods or those that might get the wrong guy).
      Non-government agency cannot be compelled by government to product a product for them (or break their own product).

      See where this is going?

    3. Re:FBI Code vs Apple Code by Anonymous Coward · · Score: 0

      The FBI is ordered to produce a code but Apple does not have to unlock a government-owned iPhone of a known terrorist? What a world.

      Think of it this way. If Apple complies to the FBI request. Any defendant would force Apple to produce the code it used. Then where would the security of the Apple iPhone be.

    4. Re:FBI Code vs Apple Code by Anonymous Coward · · Score: 0

      What a servile boot-licking disgrace of a human you are. What a fucking world.

  20. Just a wild guess : no by aepervius · · Score: 2

    This would run smack into discoverability and the FBI would never be able to guarantee that the result of their research is valid. Furthermore a judge could simply require the source code to be shown under NDA, as is done with breathanalyzer, and if the company refuse, toss the evidence, potentially tossing the case.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  21. ends by mike00dot · · Score: 1

    It looks like this boils down to an argument about whether the ends justify the means. While I appreciate the desire to catch the dirt bags who prey on children, the justice department crossed the line.

  22. No, quite different by Sycraft-fu · · Score: 2

    That the police can lie is quite well established, not just in the US legal system, but in most of them. When they are out trying to do their jobs they have no requirement to tell the truth to suspects. For that matter, neither do you. You can lie to people in your day to day business and it isn't illegal. The requirement to tell the truth only happens in court, when you are under oath, same as the police.

    However the police aren't allowed to commit crimes, felonies in particular, in the course of their work. They can't break the law to uphold the law, otherwise the law loses its meaning. But that is precisely what happened here: They distributed illegal material, they broke the law.

    Now you might think that's no different than a drug sting, however the big difference there is they don't actually distribute drugs. When the bug goes down, the person doing the buying gets arrested. The drugs, even if they were real (usually not) never go out of police custody. Same deal with hitman stings. They take a person's money in a presumed murder for hire, but they don't then actually go and kill the intended victim, rather they arrest the person who tried to hire them.

    Hence why people are worked up here.

    1. Re: No, quite different by Anonymous Coward · · Score: 0

      Police use informants to sell drugs, then sometimes make the arrest months later, long after the drugs were used or resold.

    2. Re:No, quite different by Anonymous Coward · · Score: 0

      That the police can lie is quite well established, not just in the US legal system, but in most of them. When they are out trying to do their jobs they have no requirement to tell the truth to suspects. For that matter, neither do you. You can lie to people in your day to day business and it isn't illegal. The requirement to tell the truth only happens in court, when you are under oath, same as the police.

      This is actually a complex and tricky issue.

      Under the letter of the law, Congress can pass no law infringing freedom of speech (Bill of Rights, 1st Amendment). Lying is a form of freedom of speech. In other words, if they can constrain your speech, then it is not free. Hence, it is illegal for Congress to pass laws requiring people to tell the truth to Congress, or to the courts.

      In practice, the government ignores this inconvenient fact. It's one of many examples of a situation where the government chooses to violate the law rather then work within it. The correct approach (which is to say the approach that is both legal and consistent with the right to ethical practice of law) would have been to create an Amendment modifying the 1st Amendment. It's the same issue that comes up repeatedly with respect to the 2nd, 4th, and 5th Amendments.

      That they chose not to take the correct approach, and that the lawyers working as judges have allowed this to continue for so many years, is informative. It tells you a lot about the character of the individuals involved, as well as the selection process.

      Allowing contradictions in the legal system makes it harder for people to understand, thus creating an artificial demand for the services of legal professionals to protect people from their own legal system. It's almost like an organized crime protection racket: the people getting you to pay them for protection are not the same individuals - but certainly part of the same group - that created the need for that protection in the first place.

      Abuses of the legal system by legal professionals, as a class or group in society, are the primary reason the system is such a mess. This in turn has major social and economic implications for US society, and in the current global economy it can also have implications for the rest of the world (something folks in the EU are slowly starting to figure out, though they don't seem to understand the core issues and tend to blame their problems on "American Arrogance").

      Another complication is that the right to generally expect truth from one's government can certainly be asserted under the 9th Amendment, which all government officials are required to respect and abide by. This is a fundamental right in itself, but also a right closely associated with another right, namely the right to long term oversight over the government (no country can have a government "of, by, and for the people" without such a right). Clearly such oversight can not exist if the government is allowed to lie with limitation.

      Laws and precedents to the contrary are, of course, illegal. The standard for how people are supposed to behave in the presence of illegal laws was defined for the world at a place called Nuremberg. This doesn't mean that all lying is wrong, of course, but it does necessarily create limits that are likely to be different from what most government officials expect, especially in this day and age, an age characterized by routine government abuse of the Bill of Rights (and unethical practice of law on a massive scale, a state of affairs that certainly helps the government to get away with that abuse).

      In short, lying to protect an undercover identity as part of a legitimate investigation is likely to be protected, as is lying as part of a witness protection program, but anything beyond that is likely to be problematic.

    3. Re:No, quite different by Anonymous Coward · · Score: 0

      "Congress can pass no law infringing freedom of speech"

      Nope. 1st amendment is not unlimited. Just like how you can't buy nukes under your 2nd amendment rights.

  23. Re: FBI pornsites, see also: Motherless by Anonymous Coward · · Score: 0

    [Citation needed]

  24. Re:Sexual deviants today, political deviants tomor by Anonymous Coward · · Score: 0

    Unfortunately, that seems very, very likely. The very amorality of running the site for a time, when the DOJ's says that a main reason to make this type of content illegal is that it victimizes those depicted again is staggering. Only this time they were raped again by the FBI with official sanction. If that is not much, much worse, then I do not know what it. Hence I conclude that this is not about those targeted at all, and it certainly is not about protecting any victims.

    Nevermind that it isn't illegal 100% worldwide...

  25. What's Good for the Goose by Anonymous Coward · · Score: 0

    ...is good for the gander.

    I'm just surprised the defendant got a favorable judgment on this matter.