4th Amendment Thread

[Ex-California]

The Drug Whisperer

[de officiis]

A massive FBI child porn probe has lawyers asking: Does the end justify the means?

Prosecutors describe Terry Lee Carlson as a “hands-on” sexual predator who boasted about abusing young boys as they slept — even filming some assaults. ....

Carlson is one of nearly 900 people arrested worldwide after a massive, controversial FBI takedown of the “dark web” child pornography site called Playpen.

. . . This spring, in a decision closely watched across the country, a federal magistrate judge in Minneapolis recommended that evidence seized from Carlson’s home, including 20 electronic devices storing homemade videos, be tossed out because a search warrant issued in Virginia wasn’t enough to permit the FBI to deploy a hacking technique on Playpen visitors’ computers anywhere in the world.

U.S. Magistrate Judge Franklin Noel ruled favorably on a motion from Carlson’s attorney, Lee Johnson, finding that the FBI’s use of a computer search technique — described by some as a form of malware — on any computer accessing Playpen was an unconstitutional search.

...

Noel’s opinion offered harsh words for the FBI’s Network Investigative Technique (NIT) and the investigators’ conduct, which included keeping a copy of Playpen running for more than two weeks after arresting the site’s creator.

“The purpose and flagrancy of the FBI’s misconduct in attempting to obtain the NIT warrant and deploying the NIT malware is truly staggering,” Noel wrote in March, adding: “In essence, the FBI facilitated the victimization of minor children and furthered the commission of a more serious crime.”

"Playpen." How sick can you get?

[Ex-California]

A massive FBI child porn probe has lawyers asking: Does the end justify the means?

Prosecutors describe Terry Lee Carlson as a “hands-on” sexual predator who boasted about abusing young boys as they slept — even filming some assaults. ....

Carlson is one of nearly 900 people arrested worldwide after a massive, controversial FBI takedown of the “dark web” child pornography site called Playpen.

. . . This spring, in a decision closely watched across the country, a federal magistrate judge in Minneapolis recommended that evidence seized from Carlson’s home, including 20 electronic devices storing homemade videos, be tossed out because a search warrant issued in Virginia wasn’t enough to permit the FBI to deploy a hacking technique on Playpen visitors’ computers anywhere in the world.

U.S. Magistrate Judge Franklin Noel ruled favorably on a motion from Carlson’s attorney, Lee Johnson, finding that the FBI’s use of a computer search technique — described by some as a form of malware — on any computer accessing Playpen was an unconstitutional search.

...

Noel’s opinion offered harsh words for the FBI’s Network Investigative Technique (NIT) and the investigators’ conduct, which included keeping a copy of Playpen running for more than two weeks after arresting the site’s creator.

“The purpose and flagrancy of the FBI’s misconduct in attempting to obtain the NIT warrant and deploying the NIT malware is truly staggering,” Noel wrote in March, adding: “In essence, the FBI facilitated the victimization of minor children and furthered the commission of a more serious crime.”

"Playpen." How sick can you get?

I'm ok with suspending all Constitutional and natural rights for suspected child molesters.

[Fife]

Are you OK with the FBI facilitating the victimization of minor children and furthering the commission of more serious crimes against child victims?

[Ex-California]

Are you OK with the FBI facilitating the victimization of minor children and furthering the commission of more serious crimes against child victims?

No, and I know they've done this before.

However, this case was thrown out because the FBI used malware. I propose a Final Solution.

[Alexander PhiAlipson]

The FBI called Playpen one of the world’s largest child pornography websites, with more than 150,000 users. Users would access Playpen via Tor, an encrypted network that allows users to hide their location — a cloak that required investigators to be creative in tracking down other Playpen users.

They've facilitated child porn worldwide, but can hardly arrest anyone.
:Go Team:

[SuburbanFarmer]

A massive FBI child porn probe has lawyers asking: Does the end justify the means?

Prosecutors describe Terry Lee Carlson as a “hands-on” sexual predator who boasted about abusing young boys as they slept — even filming some assaults. ....

Carlson is one of nearly 900 people arrested worldwide after a massive, controversial FBI takedown of the “dark web” child pornography site called Playpen.

. . . This spring, in a decision closely watched across the country, a federal magistrate judge in Minneapolis recommended that evidence seized from Carlson’s home, including 20 electronic devices storing homemade videos, be tossed out because a search warrant issued in Virginia wasn’t enough to permit the FBI to deploy a hacking technique on Playpen visitors’ computers anywhere in the world.

U.S. Magistrate Judge Franklin Noel ruled favorably on a motion from Carlson’s attorney, Lee Johnson, finding that the FBI’s use of a computer search technique — described by some as a form of malware — on any computer accessing Playpen was an unconstitutional search.

...

Noel’s opinion offered harsh words for the FBI’s Network Investigative Technique (NIT) and the investigators’ conduct, which included keeping a copy of Playpen running for more than two weeks after arresting the site’s creator.

“The purpose and flagrancy of the FBI’s misconduct in attempting to obtain the NIT warrant and deploying the NIT malware is truly staggering,” Noel wrote in March, adding: “In essence, the FBI facilitated the victimization of minor children and furthered the commission of a more serious crime.”

"Playpen." How sick can you get?

I'm ok with suspending all Constitutional and natural rights for suspected child molesters.

Idiot.

[C-Mag]

I'm ok with suspending all Constitutional and natural rights for suspected child molesters.

I'm not there Cali, but I get where you are coming from.

These types of crimes IMO, are not punished severely enough in our Justice system. These crimes steal a persons security for life. It is basically a life sentence for the victim.

[Ex-California]

A massive FBI child porn probe has lawyers asking: Does the end justify the means?



"Playpen." How sick can you get?

I'm ok with suspending all Constitutional and natural rights for suspected child molesters.

Idiot.

You have like 4 kids right? Abstract ideals are more important to you than punishing people who destroy the lives of kids?

[heydaralon]

No one is denying that child molesters are sick faggots. What worries me is because of the depravity of their crimes, most people have a visceral reaction and are ok with suspending the fourth amendment to fight them. Before terrorism became the catalyst, many lawmakers were proposing internet spying bills to combat child porn and pedophiles. I'm fine with these people getting the book thrown at them when they are caught, but we should be cautious about what laws we support, even if they will help catch bad people. Its a balancing act, but in the last 20 years, we have tipped the scales and run down a rabbit hole pretending that if we water down constitutional rights, we will catch every Sandusky and Bin Laden. There will always be pedophiles and there will always be terrorists. We should not underestimate the damage they cause to innocent people, but we should also not abandon bedrock principles of this country either. I don't know how to fully reconcile privacy and security, but I think we have become so terrified that we have quietly shredded huge parts of the Bill of Rights.