June 23, 2016 | By Mark Rumold
This decision is the latest in, and perhaps the culmination of, a series of troubling decisions in prosecutions stemming from the FBI’s investigation of Playpen—a Tor hidden services site hosting child pornography. The FBI seized the server hosting the site in 2014, but continued to operate the site and serve malware to thousands of visitors that logged into the site. The malware located certain identifying information (e.g., MAC address, operating system, the computer’s “Host name”; etc) on the attacked computer and sent that information back to the FBI. There are hundreds of prosecutions, pending across the country, stemming from this investigation.
Courts overseeing these cases have struggled to apply traditional rules of criminal procedure and constitutional law to the technology at issue. Recognizing this, we've been participating as amicus to educate judges on the significant legal issues these cases present. In fact, EFF filed an amicus brief in this very case, arguing that the FBI’s investigation ran afoul of the Fourth Amendment. The brief, unfortunately, did not have the intended effect.
The implications for the decision, if upheld, are staggering: law enforcement would be free to remotely search and seize information from your computer, without a warrant, without probable cause, or without any suspicion at all. To say the least, the decision is bad news for privacy. But it's also incorrect as a matter of law, and we expect there is little chance it would hold up on appeal. (It also was not the central component of the judge's decision, which also diminishes the likelihood that it will become reliable precedent.)
But the decision underscores a broader trend in these cases: courts across the country, faced with unfamiliar technology and unsympathetic defendants, are issuing decisions that threaten everyone's rights. As hundreds of these cases work their way through the federal court system, we'll be keeping a careful eye on these decisions, developing resources to help educate the defense bar, and doing all we can to ensure that the Fourth Amendment's protections for our electronic devices aren't eroded further. We'll be writing more about these cases in the upcoming days, too, so be sure to check back in for an in-depth look at the of the legal issues in these cases, and the problems with the way the FBI handled its investigation.
ourbrief-filed.pdf
matish_suppression_edva.pdf
https://www.eff.org/deeplinks/2016/06/federal-court-fourth-amendment-does-not-protect-your-home-computer
Federal Court: The Fourth Amendment Does Not Protect Your Home Computer
In a dangerously flawed decision unsealed today, a federal district court in Virginia ruled that a criminal defendant has no “reasonable expectation of privacy” in his personal computer, located inside his home. According to the court, the federal government does not need a warrant to hack into an individual's computer.This decision is the latest in, and perhaps the culmination of, a series of troubling decisions in prosecutions stemming from the FBI’s investigation of Playpen—a Tor hidden services site hosting child pornography. The FBI seized the server hosting the site in 2014, but continued to operate the site and serve malware to thousands of visitors that logged into the site. The malware located certain identifying information (e.g., MAC address, operating system, the computer’s “Host name”; etc) on the attacked computer and sent that information back to the FBI. There are hundreds of prosecutions, pending across the country, stemming from this investigation.
Courts overseeing these cases have struggled to apply traditional rules of criminal procedure and constitutional law to the technology at issue. Recognizing this, we've been participating as amicus to educate judges on the significant legal issues these cases present. In fact, EFF filed an amicus brief in this very case, arguing that the FBI’s investigation ran afoul of the Fourth Amendment. The brief, unfortunately, did not have the intended effect.
The implications for the decision, if upheld, are staggering: law enforcement would be free to remotely search and seize information from your computer, without a warrant, without probable cause, or without any suspicion at all. To say the least, the decision is bad news for privacy. But it's also incorrect as a matter of law, and we expect there is little chance it would hold up on appeal. (It also was not the central component of the judge's decision, which also diminishes the likelihood that it will become reliable precedent.)
But the decision underscores a broader trend in these cases: courts across the country, faced with unfamiliar technology and unsympathetic defendants, are issuing decisions that threaten everyone's rights. As hundreds of these cases work their way through the federal court system, we'll be keeping a careful eye on these decisions, developing resources to help educate the defense bar, and doing all we can to ensure that the Fourth Amendment's protections for our electronic devices aren't eroded further. We'll be writing more about these cases in the upcoming days, too, so be sure to check back in for an in-depth look at the of the legal issues in these cases, and the problems with the way the FBI handled its investigation.
Files


https://www.eff.org/deeplinks/2016/06/federal-court-fourth-amendment-does-not-protect-your-home-computer
» Water Resources implements a "major" campaign to address water scarcity and completes the 300-well p
» Rumaila oil field and associated gas at the discussion tables in London and Paris
» Government Adviser: Counts the benefits of rising Iraq's reserves of the dollar
» Al-Kazemi: Iraq has become one of the most important countries in the Middle East in terms of econom
» The Minister of Finance acknowledges the "difficulty" of building industrial cities in Iraq: the exi
» A slight decrease in gold prices in the Iraqi markets
» Foreign remittances from the dollar in the bank auction increased by 90%
» Labor sets the national employment policy
» The federal government threatens to take measures towards the region
» Al-Maliki and his allies acknowledge the failure of the Al-Sadr containment strategy and agree to en
» "Frameworkers" are trying to convince the opponents within the bloc to stay Al-Kazemi for a longer t
» 120 deputies sign to withdraw the hand of the Minister of Industry: 24 corruption files and trillion
» Alia Nassif renews her demand for the dismissal of the Minister of Transport.. She asserts: His rema
» The resignation of the Minister of Natural Resources in the Kurdistan government
» A member of Parliamentary Finance talks about appointments, salary scale, and taxes
» Azem clarifies its position on the law rejecting normalization with the Zionist entity
» The judiciary is discussing with the Ministry of Electricity the legal solutions to the problems fac
» Al-Kazemi: The government has performed its duties, and we have succeeded in overcoming many challen
» Al-Zamili: The failure to obtain a political agreement between the blocs does not mean disrupting th
» Al-Rasheed Bank launches a new meal of advances for three categories
» Oil prices continue to rise cautiously
» Dollar exchange rates against the dinar
» Oil: discussions to raise the production of the Rumaila field to one million and 700 thousand barrel
» The Parliamentary Oil and Gas Committee decides to host the Minister of Oil and his agents next week
» To expedite the implementation of gas investment contracts... The Minister of Oil meets the CEO of T
» The Ministry of Labor decides to grant a gift of 100,000 dinars to insured retirees
» Iran: We made progress in recent talks with Saudi Arabia in Baghdad
» Dollar exchange rates in Iraq
» The UN Security Council between Baghdad and Erbil to resolve the oil dispute
» I warned of a new "October" .. Bloc: Rerunning the elections is in the interest of the people on con
» Baghdad awaits "white smoke" from Erbil.. Kurdish understandings are a Trojan horse to end the polit
» 120 deputies sign to withdraw the hand of the Minister of Industry: 24 corruption files and trillion
» Al-Kazemi: Iraq has become one of the most important countries in the Middle East in terms of econom
» Al-Zamili: The absence of a political agreement does not mean that the work of Parliament will be di
» "Severe penalties"... Disclosure of the most prominent contents of the "Prohibition of Normalization
» The Ministry of Oil announces the final statistics of oil exports for the month of April
» Iraq.. is subject to this condition.. Parliamentary Finance denies knowing the most important featur
» Washington's new ambassador to Baghdad sets out the first tasks she will perform in Iraq ,
» In The Document.. Al-Zamili Calls For Allocating An Amount In The “Food Security” Law To Convert Lec
» Parliament Will Host The Minister Of Education Next Week
» The Central Bank: The banking sector has withstood great challenges and witnessed positive growth
» Central Bank Governor: We will continue to support the banking sector to develop the Iraqi economy
» In The Presence Of Blackshart.. The Start Of The National And Democratic Meeting At The Headquarters
» The Housing Fund confirms the continuation of granting loans and warns against commentators
» Mulla Bakhtiar: President Nechirvan Barzani's initiative is important, and whoever reduces concerns
» He denounced the threats against Kurdistan .. the Iraqi Ummah Party: Its goal is to prevent the regi
» The framework talks about “surprises” and studies the renewal of Al-Kazemi in exchange for “guarante
» Al-Kazemi and his Bulgarian counterpart exchange invitations to visit Baghdad and Sofia
» The Council of Ministers issues “electrical” decisions and “water” recommendations and conducts an i
» Document.. The Iraqi parliament allocates its next session to vote on a law banning normalization wi
» Al-Kifah and Al-Harithiya close at a decrease in the exchange rate of the dollar
» Al-Rasheed Bank launches a new meal from an advance of 5 and 10 million dinars
» Davos leaders: Food crisis could lead to trade war
» For the second day.. gold prices stabilize in the Iraqi markets
» With revenues amounting to 10 billion dollars .. Oil announces its final exports for the month of la
» 24,000 random housing units: the deputy governor holds the Minister of Interior responsible for hous
» Education for the World Bank: Evaluating education is not your business
» Oil Minister: We signed contracts to produce 2,500 megawatts
» Experts call for an increase in marine fishing operations in territorial waters
» Erbil is “threatened” in conjunction with a Kurdish-Kurdish agreement, and the security of Kurdistan
» Al-Sadr is preparing to lead a resounding demonstration similar to the October uprising
» An oil official: Most of the southern fields produce associated gas
» Ali Allawi: Cash reserves will reach more than 90 billion dollars by the end of this year
» The rise in oil prices is supported by a lack of supplies and the possibility of increasing demand
» The rise in the price of the dollar in the local markets
» Rising food prices... Sanctions against these traders
» Oil prices are rising again
» The vote on “banning normalization” includes the agenda of Thursday's session
» Expectations to resolve the presidential file soon!
» Al-Sadr's deadline is in a countdown... and there are no signs of a consensual government
» After rejecting its governmental version, the Food Security Law returns to the front of the parliame
» The Agriculture Committee holds a meeting to discuss the summer plan for this season
» The Parliamentary Regions and Governorates Committee discusses the emergency support law proposal
» Parliamentary meeting to discuss mechanisms for implementing the instructions of the Teacher Protect
» Within a day.. the Central Bank of Iraq sells more than 220 million dollars in a currency auction
» Deputy: 80% of Iraq's factories have turned into "scrap iron".. 3 reasons behind the disaster - Urge
» PARLIAMENTARY LEGAL INCLUSION OF LECTURERS AND ADMINISTRATORS TO RESOLUTION 315 WITHIN THE 2022 BUDG
» Iraq Promises Iran To Pay Gas Debts Soon, And Tehran Offers Its Services To Solve The Problem Of Des
» The Council of Ministers holds its session headed by Al-Kazemi
» The Finance Committee sends an invitation to members of the House of Representatives regarding the p
» Parliamentary law sets the date for voting on the law criminalizing normalization with the Zionist e
» KTFA Members "News and Views" Monday Afternoon 5-23-2022
» Monday Night KTFA CC with Frank26 "Bird of Paradise: 5-23-2022
» Al-Bayati: The Kurdish House Will Join Any Coalition That Guarantees Its Interests... The Breakthrou
» A Deputy Calls For An Emergency Meeting After The “Al-Islah” Massacre.. 3 Big Question Points
» Al-Bolani Talks About “Agreement Week” To Produce A New Political Plan
» Calls To Open The File Of The Al-Halbousi Party’s Wealth: Its Headquarters In Baquba Is Worth One Bi
» Frustration Hits The Trio After 7 Months Of Failing To Achieve His Ambitions
» Al-Halbousi's Competitors Sneak Through The Parliament's Back Door And Signals Of Dismissal Are Eman
» Political Activist: Al-Halbousi Acquired Nineveh's Money And Transferred It To Anbar
» Al-Zobaie: Al-Halbousi's Behavior Will Lead Him To Dismissal Soon
» Deputy: Unemployment Reaches A Critical Point, The Most Dangerous After 2003
» Deputy: Unemployment Reaches A Critical Point, The Most Dangerous After 2003
» Economist: Oil Prices Will Continue To Rise, And Iraq Faces An Opportunity For Urban Development
» Al-Zanki: The Government Has Abandoned Its Role In Curbing Price Hikes
» With the participation of more than 200 companies .. Erbil hosts an international exhibition for bui
» Lebanese banks in Baghdad withdraw voluntarily
» Kurdistan Islamic Union of Maliki: The problems between Baghdad and Erbil require a quick solution