Home
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
ourbrief-filed.pdf matish_suppression_edva.pdf https://www.eff.org/deeplinks/2016/06/federal-court-fourth-amendment-does-not-protect-your-home-computer
» Why Iraqi’s Dinar Should be Around the Value of Kuwaiti’s Dinar
» Baghdad and London are coordinating positions to end the combat role of the international coalition
» Iraqi food security
» The relationship between oil and acid is sweet!!!.. Nabil Al Marsoumi
» The government aggravates the housing crisis with the intention of solving it...the release of money
» Iraq is holding its breath.. 3 months and the Iraqi economy may enter a critical stage
» Iraq achieves within 9 months only 63% of the funds required for the expenditures of 2021.. Changing
» The government aggravates the housing crisis with the intention of solving it...the release of money
» Al-Rasheed Bank warns of fake websites and links to apply for personal advances
» Head of the International Organizations and Conferences Department meets the Turkish Chargé d'Affair
» Al-Kazemi discusses with the British Foreign Secretary coordination over the end of the combat role
» Masrour Barzani and the French ambassador discuss the general situation and the Iraqi political proc
» Again..Baghdad calls for these countries to recover Iraqi money
» The population census in Iraq will not be in the field.. When will it start?
» Details of the phone call between Al-Kazemi and the British Foreign Secretary
» Iraq ranks 117th in the list of the richest countries in the world
» An increase in the central bank's sales of hard currency
» After the accusation of embezzlement of 51 billion... the release of a local official in Dhi Qar
» The Washington Institute: Iran was aware of the plan to assassinate Al-Kazemi
» Cougar: Al-Kazemi's government received an almost empty treasury
» Integrity: A corruption file was seized in the Nineveh Water Directorate of about half a billion din
» Iraq and France discuss prospects for cooperation in the commercial and economic fields
» The Governor of the Central Bank of Iraq confirms the implementation of automation for three governm
» Britain stresses the need for banking cooperation with Iraq
» Labor releases social welfare salaries for the month of December
» The Governor of the Central Bank welcomes the opening of branches of British banks inside Iraq
» Cabinet directs to facilitate granting entry visas to investors
» Cougar: The government has boosted the cash reserve by about $ 10 billion
» Planning: There are no final accounts this year
» Oil gains more than one dollar after Saudi Arabia raises its prices
» An Iraqi ministry announces the need for 8,000 job positions..more than half of them are for enginee
» An agreement between the Iraqi army and the Kurdish Peshmerga regarding the disputed areas
» Two files at the table of the Minister of Planning and the French Ambassador
» The Cabinet Secretariat denies concluding a contract with a national figure far from working in stat
» The National Union: We are awaiting the results of the appeals against the election results that we
» Al-Kazemi discusses with the British Foreign Secretary ending the combat role of the international c
» In the Ministry of Oil.. an operations room meeting to follow up on fuel supply
» Customs determines revenue from cars illegally entering Iraq
» Relative stability of the dollar exchange rates in the local markets
» Secretary-General of the House of Representatives: 97 female deputies in the new session and the ant
» The President of the Region holds an urgent meeting with the Peshmerga
» In the names.. The Cabinet Secretariat issues new lists of those affected covering 6 governorates
» Census Authority: The census will be carried out electronically next year, and we will use two sides
» In the document... Basra Oil allocates job grades to minorities on permanent owners
» The dollar is stable on the Baghdad Stock Exchange
» Al-Kazemi and the British Foreign Minister discuss by phone joint coordination on ending the combat
» Mr. Al-Hakim: The political crisis is solvable, and the recent elections have caused confusion in th
» In the document.. the Ministry of Finance assigns {Abdul Hassan Jamal Abdullah} the tasks of managin
» Brent oil rises to $71
» Al-Rafidain launches a new meal from the predecessor for three slices
» The dollar is stable on the Baghdad Stock Exchange
» MilitiaMan and KTFA Members "Full Circle" 12-4-2021
» 4 international companies with the participation of Tehran and Ankara.. The Iraqi Ministry of Electr
» The Iranian ambassador in Baghdad reveals an agreement to exchange prisoners between Iraq and Iran
» Iraq wins the International Equestrian Championship with 7 medals
» A “leading” meeting in the ministry’s operations room to follow up on oil distribution procedures
» Minister in Adel Abdul-Mahdi's government: 'Iraq is a big kitchen'... Do you know a skilled cook?
» Al-Kazemi receives the US ambassador in Baghdad to discuss ending the file of combat forces and stra
» Al-Maliki calls on the security forces to move quickly to protect state institutions and citizens
» The Federal Court sets the 13th of this month as the date to consider the claim to cancel the Iraqi
» Central Bank of Iraq sales decline with the opening of the currency auction to record $ 180 million
» THE FEDERAL COURT POSTPONES CONSIDERATION OF THE LAWSUIT SUBMITTED BY AL-AMIRI TO ANNUL THE ELECTION
» AL-FATEH ISSUES A STATEMENT ABOUT THE FEDERAL COURT SESSION TO CANCEL THE ELECTION RESULTS
» A GOVERNMENT DECISION TO FACILITATE THE GRANTING OF ENTRY VISAS FOR INVESTORS TO IRAQ
» DHI QAR GOVERNOR CONFIRMS: THE COMING PERIOD WILL WITNESS THE IMPLEMENTATION OF SOME SERVICE PROJECT
» IRAQ AND RUSSIA AGREE TO COOPERATE IN THE FIELD OF CLEAN ENERGY
» IRAQ CONCLUDES A CONTRACT WITH AN INTERNATIONAL COMPANY TO DEVELOP DRILLING OPERATIONS AND INTRODUCE
» PAYING THE SALARIES OF (440) NEWLY APPOINTED CIVIL SERVANTS TO THE MINISTRY OF DEFENSE STAFF
» DISCLOSURE OF THE REASONS FOR NOT REFERRING AL-RASHEED CAMP FOR INVESTMENT
» IRAQ CONCLUDES A CONTRACT WITH AN INTERNATIONAL COMPANY TO DEVELOP DRILLING OPERATIONS AND INTRODUCE
» The stock market is trading shares worth 7 billion dinars in a week
» On top of it is ending the "combat role"... Al-Kazemi and the US ambassador are discussing 3 files
» The leader of Al-Fateh launches a stinging attack on the Electoral Commission: The fraud was not a c
» The leaders of the coordination framework meet with Al-Sadr in Najaf to complete the dialogues to fo
» The highest judicial authority sets the date for hearing the claim to annul the results of the Iraqi
» The dollar rises against the dinar when the Baghdad markets are closed
» OPEC: Iraqi oil exports will rise to 4.281 million barrels per day next month
» More than 3.5 billion dollars in sales of the Central Bank of Iraq in November
» The rise in the exchange rates of the dollar in Baghdad and the Kurdistan Region
» Iraq is the fifth largest oil exporter to South Korea in 10 months
» Iraq concludes a contract with an international company to develop oil field drilling operations
» With the opening of the Iraqi currency auction, the Central Bank's dollar sales declined
» Coordination of the resistance to the Americans: the end of the year will have the final say
» The coordination framework is breathing its last:
» An American vision for Al-Sadr's approach to Washington's priorities and betting on it
» Report on the Eleventh National Congress of the Iraqi Communist Party
» On the International Day of Persons with Disabilities, people with special needs complain of neglect
» Wasit calls for its fairness by implementing a refinery and an oil company and offering eight new fi
» American Research Foundation: What does a Sadrist-led government mean?
» Al-Sadr turns the tables in Al-Amiri's house: There is no consensus or factions
» Launching the slogan of the centenary of the Iraqi state
» Iraq at the meeting of the Council of Arab Justice Ministers
» After the Iraqi parliament elections .. Who is the next president of the republic? (analysis)
» The Federation Council, the absent law
» Member of the Law: The bet to form a government will start now
» The Sadrist movement insists on the majority government and hopes for an upcoming agreement
» Al-Hasnawi: The Sadrist movement will not be part of any consensus government
» Source: The negotiating committees of the coordination framework will head to Najaf to meet with al-