John Tierney, KGW 1:05 PM. PST March 09, 2017
. (Photo: Justin Sullivan, Getty Images)
TACOMA, Wash. -- Federal prosecutors decided to drop child pornography charges against a Vancouver, Wash. teacher rather than give up classified information about the hacking techniques they used to gather evidence in the case.
The case involves a teacher named Jay Michaud who was arrested in July 2015 and accused of downloading child pornography from a website called Playpen. While users on that website, which was actually operated by the FBI, used a special web browser called Tor to protect their identities, FBI agents exploited unknown weaknesses in that browser to identify suspects.
The FBI's Playpen website ran for two weeks while it gathered evidence of illegal activity.
A judge in Michauds case ordered the FBI to disclose to the defense parts of their hacking process, known as a network investigative technique. But the government refused to give up their secrets and determined the better alternative was simply dropping the case against Michaud.
Because the government remains unwilling to disclose certain discovery related to the FBIs deployment of a Network Investigative Technique (NIT) as part of its investigation into the Playpen child pornography site, the government has no choice but to seek dismissal of the indictment, U.S. Attorney Annette Hayes wrote in a court filing.
Hayes said the government faced only two options: disclose classified information or drop the case.
Disclosure is not currently an option, she wrote.
U.S. District Judge Robert Bryan on Monday agreed to dismiss the case without prejudice, meaning charges could be re-filed at some point in the future.
Michauds attorney Colin Fieman said his client always maintained his innocence and was relieved by the decision to drop charges.
He said the case also points to larger issues about the governments hacking abilities, including using techniques found in national security investigations for domestic criminal cases.
Fieman said defendants have a right to challenge evidence in any case, even when the government uses sensitive methods to collect that evidence.
There are fundamental rights for a defendant at stake when the government is trying to prosecute someone on what is essentially secret evidence, Fieman said.
Fieman said it was highly unusual for a judge to force the governments hand like this. In most cases, federal agents arent required to disclose classified methods used to gather this type of evidence.
With a criminal case, the government needs to be prepared to display all the evidence against that person to ensure a fair trial, Fieman said. If they cant do that, maybe its time for the FBI and others to start re-thinking the measures theyre using.
This is only the second time federal prosecutors have dropped charges rather than expose secret techniques, according to Wired magazine. The magazine reports that federal investigators have exploited vulnerabilities in the Tor browser to identify suspects.
Michaud did not return a message seeking a comment for this story. He previously worked at the Vancouver School District but was placed on administrative leave when the allegations surfaced.
A school district spokeswoman said Michaud has not returned to working at the district.
2017 KGW-TV
Read this article:
Vancouver man's child porn charges dropped as feds refuse to disclose hacking techniques - KING5.com
- Tor - Official Site [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Tor Browser (M-S0FT) - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Downloading torrents in utorrent using tor browser - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Tor Browser installieren [Tutorial deutsch] - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- TOR BROWSER KURULUM+KULLANIM - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- tor browser descargar e instalar - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Entering the Deep Web-Deep Web Url link (2014) - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Red Onion Tor Browser for iPhone - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- working referral link to agora hidden market place -new url ( onion site ) - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- Tor Browser Free Download/Install|Free Latest Version|64/32 bit Windows|2014 - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- how to install TOR Browser On LINUX - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Grams Darknet black market search engine demo - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- How to Install the New Tor Browser in Kali Linux - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- How to download and use Tor browser [4K] - Video [Last Updated On: May 20th, 2014] [Originally Added On: May 20th, 2014]
- Free App Lets the Next Snowden Send Big Files Securely and Anonymously [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- How to get free 7 day trials for XBL works as of May 2014 - Video [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Free Access to Deep Web (HIdden Wikki)(Tor Browser)-free 2014 - Video [Last Updated On: May 27th, 2014] [Originally Added On: May 27th, 2014]
- Federal Cybersecurity Director Found Guilty on Child Porn Charges [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Cybersecurity official uses Tor but still gets caught with child porn [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Softonic - Tor Browser - Download [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- What is the Tor Browser? - Tor Project: Anonymity Online [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Tor Browser - Problem Connecting? [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Review: Tor Browser Bundle lets you browse in anonymity ... [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Guide to using the Tor Browser Bundle for secure communication - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Hack-Bypass Hotspot (Mikrotik) With Tor Browser - Video [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- Using tor-browser on ubuntu 14.04 LTS - Video [Last Updated On: September 7th, 2014] [Originally Added On: September 7th, 2014]
- Download Tor Browser Bundle 3 6 5 For Win, Mac, Linux - Video [Last Updated On: September 8th, 2014] [Originally Added On: September 8th, 2014]
- Browse Anonymously, Browse Safely - The App Center [Last Updated On: September 11th, 2014] [Originally Added On: September 11th, 2014]
- Tor browser NOT SAFE without this quick step - Video [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Tor Browser for iOS - Free download and software reviews ... [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Comcast Denies It Will Cut Off Customers Who Use Tor, The Web Browser For Criminals (CMCSA) [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Comcast calls rumor that it disconnects Tor users wildly inaccurate [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Why a thinly sourced, unverified report about Comcast has the Web in an uproar [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Drier: Is Comcast really blocking anonymous Internet browser Tor? [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Guns, drugs and freedom: the great dark net debate [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Download and Install Tor Browser Bundle - Video [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- install tor browser for kali linux 1.0.9 - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- TOR Browser: Safe to use 2014? - Yahoo Answers [Last Updated On: September 28th, 2014] [Originally Added On: September 28th, 2014]
- Alex Jones Interviews Creator of TOR Browser- Infowars September 2014 - Video [Last Updated On: September 28th, 2014] [Originally Added On: September 28th, 2014]
- Tor Executive Director Hints At Firefox Integration [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- Dreaming of a Tor Button for Firefox [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- Install tor browser on kali linux - Video [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- How to install TOR browser bundle on sparkylinux 32bit - Video [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- Firefox could be adding built-in Tor support for improved private browsing [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Tor Browser Bundle: Download & Start - Tutorial deutsch - Video [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- With This Tiny Box, You Can Anonymize Everything You Do Online [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Tor Browser Cheat TankPit - Video [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Anonabox Promises Total Online Anonymity That's Easy, Open Source, and Cheap [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- This tiny box anonymises all your online actions [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- Anonabox promises a portable, streamlined way to use Tor to hide your online tracks [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- Investors flock to tiny device that promises online anonymity [Last Updated On: October 16th, 2014] [Originally Added On: October 16th, 2014]
- How to run all your Internet's programs thru Tor Browser - Video [Last Updated On: October 16th, 2014] [Originally Added On: October 16th, 2014]
- Tails 1.2 : Released with Tor Browser 4.0 - Video [Last Updated On: October 20th, 2014] [Originally Added On: October 20th, 2014]
- Tor Browser 4.0 is released | The Tor Blog [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Access Blocked site using Tor Browser and chrome [2014] - Video [Last Updated On: October 27th, 2014] [Originally Added On: October 27th, 2014]
- Be Anonymous Online : TOR Browser - Video [Last Updated On: October 27th, 2014] [Originally Added On: October 27th, 2014]
- Menggunakan TOR Browser - Video [Last Updated On: October 29th, 2014] [Originally Added On: October 29th, 2014]
- Facebook Just Created a Custom Tor Link and That's Awesome [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- How to Use Deep Web Using Tor Browser - Video [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Setup Tor Browser on Mac OS 10 - Video [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Facebook opens up to Tor users with new secure .onion address [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- How to use the Tor browser and the Open PGP applet - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Facebookcorewwwi.onion ( Preview ) - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- How to use Tor for Facebook (Windows, Mac & Linux) [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Tor Browser Bundle - Secure your Web surfing - [Free Download] - Video [Last Updated On: November 5th, 2014] [Originally Added On: November 5th, 2014]
- The Law Scores a Victory Against Dark Net Denizens [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]
- Tor Browser New 4 - Video [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]
- How to (Install- Enable) Flash Player on Tor Browser - Video [Last Updated On: November 9th, 2014] [Originally Added On: November 9th, 2014]
- Tor Browser New 2 - Video [Last Updated On: November 9th, 2014] [Originally Added On: November 9th, 2014]
- Tor Browser New 1 - Video [Last Updated On: November 9th, 2014] [Originally Added On: November 9th, 2014]
- Developer edition and privacy are Firefoxs 10th birthday present for the world [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Easily Install Tor Browser 4.0.1 via PPA in Linux Mint 17 - Video [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Better Tor-gether? Mozillla bids to bring anonymous browsing to the masses [Last Updated On: November 12th, 2014] [Originally Added On: November 12th, 2014]
- How to connect Tor Browser to Country-specific IP Address - Video [Last Updated On: November 12th, 2014] [Originally Added On: November 12th, 2014]
- A Computer Science Professor Found A Way To Identify Most 'Anonymous' Tor Users [Last Updated On: November 19th, 2014] [Originally Added On: November 19th, 2014]
- Tor Browser-in Yuklenmesi ve qurulmasi. - Video [Last Updated On: November 26th, 2014] [Originally Added On: November 26th, 2014]
- | | install tor browser on ubuntu 14 04 - Video [Last Updated On: November 29th, 2014] [Originally Added On: November 29th, 2014]
- Tor Browser 4.5-alpha-1 is released | The Tor Blog [Last Updated On: November 29th, 2014] [Originally Added On: November 29th, 2014]
- Como instalar o Tor Browser- Navegador da Deep Web/Annimo - Video [Last Updated On: December 5th, 2014] [Originally Added On: December 5th, 2014]
- [ExpertProf - THT]Tor Browser Kurulumu Ve Onion'a Girilmesi - Video [Last Updated On: December 5th, 2014] [Originally Added On: December 5th, 2014]