Re: [tor-talk] Senior US District Judge Leon Jordan rules against FBI in PlayPen case

[Mirimir <mirimir@xxxxxxxxxx>]

On 10/26/2016 06:09 AM, ITechGeek wrote:
> The way I read that, it didn't seem like a victory since the judge is still
> allowing people to be prosecuted (granted some of them deserve it), but the
> judge said the FBI needed a warrant in the local jurisdiction of the raids
> and they didn't.

Yes, that's the victory. It didn't help the defendant, but if it stands,
the FBI can't so easily troll at the national level, without any
evidence. They'd need to mount an actual national investigation, get
appropriate federal warrants, and so on.

But of course, the NSA does whatever it likes. And then parallel
construction. So this is arguably an illusory victory.

Also, by the way, is there any evidence about how the FBI identified the
Playpen server? Did it perhaps come from the CMU attacks? Or maybe from
incriminating TorMail obtained from Freedom Hosting?

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> On Wed, Oct 26, 2016 at 12:42 AM, Mirimir <mirimir@xxxxxxxxxx> wrote:
> 
>> On 10/25/2016 09:52 PM, ITechGeek wrote:
>>> "Jordan allows the government to use the evidence gathered by the FBI in
>>> the case against Scarbrough over the objections of defense attorney
>> Gregory
>>> P. Isaacs. Jordan used the “federal good-faith exception” to rescue the
>>> evidence. Under that exception, if federal agents believed they were
>> acting
>>> under legal authority and did nothing illegal in their efforts to secure
>> a
>>> warrant, the evidence can still be used.
>>>
>>> “(Isaacs’) objections that officers acted deliberately, recklessly or
>> with
>>> gross negligence and that it should have been apparent to law enforcement
>>> that the Virginia magistrate lacked authority to sign the warrant are
>>> simply unsupported by the record,” Jordan wrote."
>>
>> Yes, it was a narrow victory :(
>>
>>> ------------------------------------------------------------
>> -----------------------------------
>>> -ITG (ITechGeek)  |  ITG@xxxxxxxxxxxxx
>>> https://keybase.io/itechgeek  |  https://itg.nu/
>>> Google Voice: +1-703-493-0128 / Twitter: ITechGeek / Facebook:
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>>>
>>> On Tue, Oct 25, 2016 at 11:18 PM, Mirimir <mirimir@xxxxxxxxxx> wrote:
>>>>
>>>> | Senior U.S. District Judge Leon Jordan ruled that the Federal
>>>> | Bureau of Investigation violated both the US Constitution and
>>>> | federal rules of criminal procedure when they hacked nearly
>>>> | 1,300 users who accessed the PlayPen child porn site.
>>>>
>>>>
>>> https://www.deepdotweb.com/2016/10/26/knoxville-federal-
>> judge-rules-fbi-playpen-case/
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