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

[ITechGeek]

They haven't released any reports of how they found the server as far as I
know.

It could have even been the same way they got Freedom Host (the owner
converted Bitcoin to cash using a Bitcoin ATM and got his photo from the
ATM) or Silk Road which I think they intercepted in the mail some fake
passports** he bought.

**As to why they intercepted those fake passports could have been a case of
parallel construction or a known illegal service.


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On Wed, Oct 26, 2016 at 9:19 PM, Mirimir <mirimir at riseup.net> wrote:

> 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?
>
> > ------------------------------------------------------------
> -----------------------------------
> > -ITG (ITechGeek)  |  ITG at ITechGeek.Com <https://itg.nu/>
> > https://keybase.io/itechgeek  |  https://itg.nu/
> > Google Voice: +1-703-493-0128 / Twitter: ITechGeek / Facebook:
> > http://fb.me/Jbwa.Net
> >
> > On Wed, Oct 26, 2016 at 12:42 AM, Mirimir <mirimir at riseup.net> 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 at ITechGeek.Com
> >>> https://keybase.io/itechgeek  |  https://itg.nu/
> >>> Google Voice: +1-703-493-0128 / Twitter: ITechGeek / Facebook:
> >>> http://fb.me/Jbwa.Net
> >>>
> >>> On Tue, Oct 25, 2016 at 11:18 PM, Mirimir <mirimir at riseup.net> 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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