Compliance Management, Threat Intelligence, Network Security, Privacy

Defense to judge: Make feds disclose hacking technique in child porn case or dismiss charges

US v Michaud

More than two months after a federal judge ruled the U.S. must privately disclose the specific network investigative technique that the FBI used to identify patrons of the Tor-based child pornography site Playpen, lawyers for one of the accused have filed a motion urging the court to dismiss the case if the government does not comply or drop the charges.

The partially redacted document, filed yesterday with the U.S. District Court of Western Washington by attorneys representing defendant, Jay Michaud, repudiates the government's Mar. 28, 2016 motion to the court to reconsider its February decision to compel disclosure of the hack in order to independently assess its viability.

The defense's filing contends the U.S. already exhausted all of its arguments and has presented no new compelling facts to warrant reconsideration. Moreover, the defense argues that the government's stance against sharing its hacking technique with a security-cleared expert contradicts its position in the San Bernardino shooter case that Apple should have provided the government with access to a backdoor that bypasses iPhone security protections.

Bradley Barth

As director of community content at CyberRisk Alliance, Bradley Barth develops content for SC Media online conferences and events, as well as video/multimedia projects. For nearly six years, he wrote and reported for SC Media as deputy editor and, before that, senior reporter. He was previously a program executive with the tech-focused PR firm Voxus. Past journalistic experience includes stints as business editor at Executive Technology, a staff writer at New York Sportscene and a freelance journalist covering travel and entertainment. In his spare time, Bradley also writes screenplays.

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