To keep Tor hack source code secret, DOJ dismisses child porn case

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: José María Mateos <chema () rinzewind org>
Date: Sun, Mar 5, 2017 at 7:44 PM
Subject: To keep Tor hack source code secret, DOJ dismisses child porn case
To: Dave Farber <dave () farber net>


https://arstechnica.com/tech-policy/2017/03/doj-drops-case-against-child-porn-suspect-rather-than-disclose-fbi-hack/

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Rather than share the now-classified technological means that
investigators used to locate a child porn suspect, federal prosecutors
in Washington state have dropped all charges against a man accused of
accessing Playpen, a notorious and now-shuttered website.

The case, United States v. Jay Michaud, is one of nearly 200 cases
nationwide that have raised new questions about the appropriate
limitations on the government’s ability to hack criminal suspects.
Michaud marks just the second time that prosecutors have asked that case
be dismissed.

"The government must now choose between disclosure of classified
information and dismissal of its indictment," Annette Hayes, a federal
prosecutor, wrote in a court filing on Friday. "Disclosure is not
currently an option. Dismissal without prejudice leaves open the
possibility that the government could bring new charges should there
come a time within the statute of limitations when and the government be
in a position to provide the requested discovery."
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