Source: https://motherboard.vice.com/read/the-f ... -computers“Although the application for the NIT in this case isn't public, applications for NITs in other cases are,” said Soghoian. “Time and time again, we have seen the Department of Justice is very vague in the application they're filing. They don't make it clear to judges what they're actually seeking to do. They don't talk about exploiting browser flaws, they don't use the word 'hack.'”
“And even if judges know what they're authorizing, there remain serious questions about whether judges can lawfully approve hacking at such scale,” Soghoian added.
Magistrate Judge Theresa C. Buchanan in the Eastern District of Virginia, who signed the warrant used for the NIT, did not respond to questions on whether she understood that the warrant would grant the power to hack anyone who signed up to Playpen, or whether she consulted technical experts before signing it, and her office said not to expect a reply.
But Fieman said that the warrant “effectively authorizes an unlimited number of searches, against unidentified targets, anywhere in the world.”
While Soghoian warned about what this scale of hacking may signal for the future of policing. “This is a scary new frontier of surveillance, and we should not be heading in this direction without public debate, and without Congress carefully evaluating whether these kind of techniques should be used by law enforcement," he said.
"We are not able to comment on ongoing investigations, or describe the use of specific investigative techniques," a spokesperson for the FBI told Motherboard.
Plenty of questions remain about this law enforcement hacking operation, such as the exact wording used in the authorisation for the NIT, the technical aspects of the NIT itself, and how many computers were targeted outside of the United States.
The UK's National Crime Agency (NCA), which often receives intelligence from the FBI, told Motherboard in a statement that "The NCA does not routinely confirm or deny the receipt of specific intelligence for reasons of operational security. We work closely with international partners both in law enforcement and industry to share intelligence and work collaboratively to bring those involved in the sexual exploitation of children to account." Europol, Europe’s law enforcement agency, did not respond to a request for comment.
Regardless, in taking down one of the biggest dark web child pornography sites, the FBI also engaged in likely the largest law enforcement hacking campaign to date.
The FBI's 'Unprecedented' Hacking Campaign Targeted Over a Thousand Computers
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The FBI's 'Unprecedented' Hacking Campaign Targeted Over a Thousand Computers
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Disclaimer: I am not a broker, dealer, investment advisor, physician, theologian or prophet. I should not be considered as legally permitted to render such advice!