There are a bunch of different cases going on right now concerning the FBI secretly running the hidden Tor based child porn site Playpen for two weeks, then tracking users of the site wit malware in order to identify them. The courts so far have been fine with the FBI’s overall actions of running the site, but there are increasing questions about how it hacked Playpens users. The FBI said they used an NIT to hack into the computers, but the FBI really doesn’t want to talk about the details.
It was revealed that in one case the warrant used by the FBI never mentions either hacking or malware, suggesting that the FBI actively misled the judge. In another case, a judge has declared the use of the NIT to be illegal searches based on jurisdictional questions; the warrants were for Virginia, but the individuals were far away from there.
In the case involving Jay Michaud, his lawyers have now told the court that the DOJ has made it clear that despite the court ruling earlier this year that the FBI