In another Playpen case, the Eastern District of Virginia approves hacking into a computer linked to a child pornography server. United States v. Matish, 2016 U.S. Dist. LEXIS 82279 (E.D.Va. June 23, 2016):
Other courts across the country have considered various challenges to the particular warrant used in this case. See United States v. Werdene, No. 2:15-cr-00434, ECF No. 33 (E.D. Pa. May 18, 2016); United States v. Levin, No. 15-10271, 2016 WL 2596010 (D. Mass. May 5, 2016); United States v. Arterbury, No. 15-cr-182, ECF No. 47 (N.D. Okla. Apr. 25, 2016) (adopting the report and recommendation of a magistrate judge, ECF No. 42); United States v. Epich. No. 15-cr-163, 2016 WL 953269 (E.D. Wis. Mar. 14, 2016); United States v. Stamper. No. l:15-cr-109, ECF No. 48 (S.D. Ohio Feb. 19, 2016); United States v. Michaud, No. 3:15-cr-05351, 2016 WL337263 (W.D. Wash. Jan. 28, 2016). The Western District of Washington also has considered a similar discovery motion requesting the full source code. See Michaud, No. 3:15-cr-05351, ECFNo. 205 (W.D. Wash. May 18, 2016).
The Court held hearings to address these Motions on May 19, 2016, May 26, 2016, and June 14, 2016. The Court FINDS, for the reasons stated herein, that probable cause supported the warrant’s issuance, that the warrant was sufficiently specific, that the triggering event occurred, that Defendant is not entitled to a Franks hearing, and that the magistrate judge did not exceed her jurisdiction or authority in issuing the warrant. Furthermore, the Court FINDS suppression unwarranted because the Government did not need a warrant in this case. Thus, any potential defects in the issuance of the warrant or in the warrant itself could not result in constitutional violations, and even if there were a defect in the warrant or in its issuance, the good faith exception to suppression would apply. Therefore, the Court DENIES Defendant’s First and Third Motions to Suppress.
Motherboard: Court Rules the FBI Does Not Need a Warrant to Hack a Computer by Joseph Cox.
EFF: Federal Court: The Fourth Amendment Does Not Protect Your Home Computer by Mark Rumold:
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.
ars technica: FBI’s use of Tor exploit is like peering through “broken blinds” by Cyrus Farivar
Judge: Making a computer reveal its IP address does not constitute a search.