techdirt: First Circuit Appeals Court Latest To Overturn Playpen Suppression Order by Tim Cushing:
A third Appeals Court has ruled on the tactics the FBI used to track down users of a dark web child porn site. And the third one to rule — the First Circuit Appeals Court — continues the government’s shut out of suppression orders at the appellate level.
In the two previous cases to reach this level (Tenth and Eighth), the judges found the FBI’s Network Investigative Technique to be a search under the Fourth Amendment. This wasn’t much of an issue because the FBI had a warrant. The real issue was the warrant’s reach: it was issued in Virginia but the NIT found a home in computers all over the US, not to mention the rest of the world.