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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.

35 of 105 comments (clear)

  1. 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. 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 dsmatthews9379 · · Score: 2, Interesting

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

    3. 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.

    4. 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?

    5. 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.

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

      So does the mob that hangs the politicians.

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

      Lying isn't illegal in and of itself.

    8. 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.

    9. 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.

    10. 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.

    11. 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.

  3. 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?"

  4. 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.

  5. 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 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.

    3. 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.

    4. 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.

    5. 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.
    6. 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.

    7. 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

  6. 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...

  7. 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.
  8. 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"
  9. 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.
  10. 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.
  11. 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.

  12. 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.

  13. 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.
  14. 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
  15. 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.

  16. 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.