Hearing Wednesday: EFF Argues Against Massive Government Hacking in ‘Playpen’ Case

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FBI Used One Warrant to Infiltrate Thousands of Computers

May 1, 2017

Boston – On Wednesday, May 3, at 9:30 am, the Electronic Frontier Foundation (EFF) will argue that an FBI search warrant used to hack thousands of computers around the world was unconstitutional.

The hearing in U.S. v. Levin at the United States Court of Appeals for the First Circuit stems from one of the many cases arising from a controversial investigation into “Playpen,” a child pornography website. The precedent set by the Playpen prosecutions is likely to impact the digital privacy rights of Internet users for years to come.

During the investigation, the FBI secretly seized the servers running the Playpen site and continued to operate them for two weeks. The bureau allowed thousands of images to be downloaded while distributing malware to website visitors. With that malware, the FBI hacked into over 8,000 devices in hundreds of countries across the globe—all on the basis of a single warrant.

However, because the government was running the Playpen site, it was already in possession of information about visitors and their computers. Rather than taking the necessary steps to obtain narrow search warrants, the FBI instead sought a single, general warrant to authorize its massive hacking operation, violating the Fourth Amendment. In Wednesday’s hearing, EFF Senior Staff Attorney Mark Rumold will argue as amicus, urging the court to send a clear message that a vague search warrant is not enough to satisfy the privacy protections enshrined in the Constitution.

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