Network Investigative Technique

Network Investigative Technique , or NIT , is a form of malware (or hacking ) used by the FBI since 2002. It is a drive-by computer program designed to provide access to a computer.

Controversies

Its use raised HAS Both Fourth Amendment Concerns [1] and jurisdictional issues. [2] The FBI has a short order to provide the complete code [3] in a child sex abuse case involving the Tor anonymity network . [4] On May 12, 2016 Mozilla filed an amicus curiae brief Inasmuch as the FBI’s feat Against the Mozilla Firefox web browsers Potentially puts millions of users at risk. It Asked que la feat to be told ’em before it is Told to the defendant, THUS raising Fifth Amendment issues as well. [5] Also, US District Judge Robert J. Bryan in Tacoma, Washington has ruled that while the defendant in United States v. Michaud has the right to review the code, the government also has the right to keep it secret; [6] On May 25, 2016, however, he ruled that “For the reasons stated orally on the record, evidence of the NIT., The search warrant issued on the NIT., And the fruits of that warrant should be excluded Should not be offered in evidence at trial … ” [7] The government also has the right to keep it secret (two other federal judges in related cases have ruled to suppress evidence as a result of the NIT); [6] On May 25, 2016, however, he ruled that “For the reasons stated orally on the record, evidence of the NIT., The search warrant issued on the NIT., And the fruits of that warrant should be excluded Should not be offered in evidence at trial … ” [7] The government also has the right to keep it secret (two other federal judges in related cases have ruled to suppress evidence as a result of the NIT); [6] On May 25, 2016, however, he ruled that “For the reasons stated orally on the record, evidence of the NIT., The search warrant issued on the NIT., And the fruits of that warrant should be excluded Should not be offered in evidence at trial … ” [7]

In March 2017 the American Civil Liberties Union , Electronic Frontier Foundation , and the National Association of Criminal Defense Lawyers released a 188-page guide to enable meaningful 4th Amendment analysis. [8] In April a Minnesota judge ruled that the warrant was invalid from the moment it was signed, given that the FBI agent knew that it exceeded the jurisdictional requirements of Rule 41 . All the evidence that the fruit of the poison tree . [9]

See also

  • Computer and Internet Protocol Address Verifier
  • Operation Pacifier
  • Operation Torpedo

References

  1. Jump up^ Poulsen, Kevin. “Visit the Wrong Website, and the FBI Could End Up in Your Computer” . Wired . Retrieved 2016-04-30 .
  2. Jump up^ Franceschi-Bicchierai, Lorenzo (2016-04-21). “This Technicality Could Spoil the FBI’s Dark Web Hacking Operations” . Motherboard . Retrieved 2016-04-30 .
  3. Jump up^ Paganini, Pierluigi (2016-02-22). “The FBI must give details on the network investigative technique used to hack more than 1000 computers in a case involving child pornography.” . Security Affairs . Retrieved 2016-04-30 .
  4. Jump up^ Condliffe, Jamie (2016-03-30). “FBI Refused to Divulge How It Tracked Pedophiles on Tor” . Gizmodo . Retrieved 2016-04-30 .
  5. Jump up^ Cushing, Jim (2016-05-12). “Mozilla Asks Court To Force FBI To Turn Over Information On Hacking Tool It Used In Child Porn Case: from the only-criminals-use-patched-browsers-amirite? Dept” . TechDirt . Retrieved 2016-05-12 .
  6. Jump up^ Farivar, Cyrus (2016-05-19). “FBI has the right to keep secret: FBI is a malware that has the FBI to bust child porn ring.” . Ars Technica . Retrieved 2016-05-20 .
  7. Jump up^ Farivar, Cyrus (2016-05-25). “We are disappointed with the ruling and considering our options. ” ” . Ars Technica . Retrieved 2016-05-25 .
  8. Jump up^ Farivar, Cyrus (2017-03-30). “To fight Tor hack prosecutions, activist groups offer legal aid.” .
  9. Jump up^ Cushing, Tim (2017-04-07). “Judge Says FBI’s NIT Warrant Invalid, Points Out FBI Agent Knew It Was Invalid When He Requested It” . TechDirt .

Leave a Comment

Your email address will not be published. Required fields are marked *