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Rather than share the now-classified technological means that investigators used to locate a child porn suspect, federal prosecutors in Washington state have dropped all charges against a man accused of accessing Playpen, a notorious and now-shuttered website.
The case, United States v. Jay Michaud, is one of nearly 200 cases nationwide that have raised new questions about the appropriate limitations on the government's ability to hack criminal suspects. Michaud marks just the second time that prosecutors have asked that [the] case be dismissed.
"The government must now choose between disclosure of classified information and dismissal of its indictment," Annette Hayes, a federal prosecutor, wrote in a court filing on Friday. "Disclosure is not currently an option. Dismissal without prejudice leaves open the possibility that the government could bring new charges should there come a time within the statute of limitations when and the government be in a position to provide the requested discovery."
https://threatpost.com/doj-dismisses-playpen-case-to-keep-tor-hack-private/124102/
Intent on keeping details private about how it hacked the Tor browser, prosecutors with the U.S. Department of Justice on Friday asked to dismiss a case involving a suspect who visited the Playpen dark web child pornography site in 2015.
"The government must now choose between disclosure of classified information and dismissal of its indictment," Annette Hayes, a US attorney, wrote in a court filing (.PDF) on Friday. "Disclosure is not currently an option."
Hayes asked the court to drop charges around the case without prejudice, insisting the government has "simply acted to protect highly sensitive information from criminal discovery as was its obligation." There's a chance, if the exploit is unclassified later down the line, the government could reopen its case, she claims.
"Dismissal without prejudice leaves open the possibility that the government could bring new charges should there come a time within the statute of limitations when and the government be in a position to provide the requested discovery," Hayes wrote.
News the government is unwilling to disclose the exploit–something the FBI refers to as a "Network Investigative Technique" (NIT)–has seemingly been a long time coming; the DOJ has remained resolute to keeping the exploit under wraps. Last April the FBI refused to comply with the judge's request to describe how it compromised the Tor browser.
Previously: FBI Let Alleged Pedo Walk Free Rather Than Explain How They Snared Him
(Score: 2) by linuxrocks123 on Tuesday March 07 2017, @07:03AM (8 children)
He doesn't go on a sex offender registry. He doesn't have a criminal record. He can live wherever he wants and work for whomever will hire him. He can honestly fill out job application forms saying he's never been convicted of a crime. Sure, there might be a few really uptight or paranoid employers who will go on a background check rampage and find the dismissed case, assume he's guilty, and refuse to hire him ... but background checks are expensive, and super thorough ones that might -- or might not -- find the dismissed case are more expensive. He wants to work in a daycare center, he might have to find one that's not overly vigilant on its background checks, but I'd expect that's about the long and short of it.
How's his life ruined here?
(Score: 0) by Anonymous Coward on Tuesday March 07 2017, @11:09AM (3 children)
A Google search for a name is much cheaper than a background check. He will be followed by trolls throughout his life and hounded on social media or in his local community. A just society would keep the names of the accused hidden.
(Score: -1, Troll) by Anonymous Coward on Tuesday March 07 2017, @11:26AM (2 children)
A society that follows God's laws would allow him to have young girls as brides.
(Score: 0) by Anonymous Coward on Tuesday March 07 2017, @01:59PM
But loli haet pizza.
(Score: 0) by Anonymous Coward on Tuesday March 07 2017, @07:02PM
How many shekels per mina for one of your god's law child brides, Mikeeeee?
(Score: 4, Informative) by AthanasiusKircher on Tuesday March 07 2017, @04:49PM (2 children)
He doesn't go on a sex offender registry. He doesn't have a criminal record. He can live wherever he wants and work for whomever will hire him. He can honestly fill out job application forms saying he's never been convicted of a crime. Sure, there might be a few really uptight or paranoid employers who will go on a background check rampage and find the dismissed case, assume he's guilty, and refuse to hire him ... but background checks are expensive, and super thorough ones that might -- or might not -- find the dismissed case are more expensive. [...]
How's his life ruined here?
Here's how: the top Google search [google.com] hit for his name leads to THIS STORY [seattlepi.com], entitled, "FBI: Special ed teacher caught with infant rape photos."
To all of those who are critical when the European "right to be forgotten" stuff comes up, here's an example of why that's important. I don't think that European courts or Google have come up with a good long-term solution, but the issue is important, as in many cases where arrests occur and charges are then dropped or when an acquittal happens. The initial arrest with headlines "Kiddie porn guy caught!" are often prominently written up in media reports, but if they guy is ultimately acquitted or charges are dropped, the news media often doesn't even bother covering it (or if it does, it's buried on page 10 in a small blurb in the corner).
A couple of decades ago this wouldn't be an issue, because any records would be in a courthouse, and newspaper reports or whatever would be forgotten except by someone playing around with a microfilm machine at a library for hours. But now anything that draws media attention to you (particularly if you have a distinctive name) will likely be associated with you for life.
And if you think only "a few really uptight or paranoid employers" will be concerned when they do a Google search for a prospective employee's name and the words "INFANT RAPE" are in the title of the top hit... well, I don't know what to say. If the guy has any serious competition for a job or getting a new apartment or whatever, I'm sure many employers or landlords or whatever simply just won't call him back. They may not even bother to read more links if they're going through a pile of resumes.
Maybe this guy is an evil jerk who does evil things and deserves this sort of treatment. But that should be an issue decided in a court of law, not adjudicated by hyperbolic media stories and Google hits.
(Score: 2) by linuxrocks123 on Tuesday March 07 2017, @06:13PM (1 child)
In the event he finds people Googling his name to be a real problem, though I'm not convinced he will:
http://family.findlaw.com/marriage/how-to-legally-change-your-name.html [findlaw.com]
(Score: 3, Informative) by AthanasiusKircher on Tuesday March 07 2017, @06:45PM
Are you serious that you don't think prospective employers do searches on candidates? Again, a quick internet search will tell you otherwise [google.com].
Even a decade ago, surveys of recruiters showed something like 3/4 of them were already using internet searches to help screen candidates. More recent polls suggest 80% of prospective employers will do an internet search before inviting a candidate for an interview. I've even seen recent polls that say a majority of hiring managers go beyond internet searches and try to screen through social media presence. Heck, I've occasionally done internet searches to find out basic info on candidates who came in for interviews where I work, even when I wasn't even on the hiring committee! (Mostly just out of curiosity.)
And, sorry, but a name change won't survive even a basic info background check. Any employer who does any background screening whatsoever will directly ask for previous names and aliases. Unless this guy is looking for have temp jobs or flip burgers for the rest of his life, chances are most employers are going to find out about his history.
(Score: 2) by butthurt on Wednesday March 08 2017, @12:05AM
> How's his life ruined here?
Something like this?
http://edition.cnn.com/2016/11/06/politics/comey-tells-congress-fbi-has-not-changed-conclusions/index.html [cnn.com]