Network Investigative Technique, or NIT, is a form of

malware Malware (a portmanteau for ''malicious software'') is any software intentionally designed to cause disruption to a computer, server, client, or computer network, leak private information, gain unauthorized access to information or systems, de ...

(or hacking) employed by the

FBI The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...

since at least 2002. It is a

drive-by download Drive-by download is of two types, each concerning the unintended download of computer software from the Internet: # Authorized drive-by downloads are downloads which a person has authorized but without understanding the consequences (e.g. down ...

computer program designed to provide access to a computer.

Controversies

Its usage has raised both Fourth Amendment concerns and

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...

al issues. The FBI has to date, despite a court order, declined to provide the complete code in a child sex abuse case involving the

Tor anonymity network Tor, short for The Onion Router, is free and open-source software for enabling anonymous communication. It directs Internet traffic through a free, worldwide, volunteer overlay network, consisting of more than seven thousand relays, to con ...

. On May 12, 2016

Mozilla Mozilla (stylized as moz://a) is a free software community founded in 1998 by members of Netscape. The Mozilla community uses, develops, spreads and supports Mozilla products, thereby promoting exclusively free software and open standards, w ...

filed an amicus curiae brief inasmuch as the FBI's exploit against the

Firefox Mozilla Firefox, or simply Firefox, is a free and open-source web browser developed by the Mozilla Foundation and its subsidiary, the Mozilla Corporation. It uses the Gecko rendering engine to display web pages, which implements current and ...

web browsers potentially puts millions of users at risk. It asked that the exploit be told to them before it is told to the defendant, thus raising Fifth Amendment issues as well. Also, US District Judge Robert J. Bryan in Tacoma, Washington has ruled that while the defendant in ''United States v. Michaud'' has the right to review the code, the government also has the right to keep it secret (two other federal judges in related cases have ruled to suppress evidence found as a result of the NIT); On May 25, 2016, however, he ruled that "For the reasons stated orally on the record, evidence of the NIT., the search warrant issued based on the NIT., and the fruits of that warrant should be excluded and should not be offered in evidence at trial..." In March 2017 the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". ...

Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ...

, and the

National Association of Criminal Defense Lawyers The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, judges, and d ...

released a 188-page guide to enable meaningful 4th Amendment analysis. In April a Minnesota judge ruled that the warrant was invalid from the moment it was signed, given that the FBI agent ''knew'' that it exceed the jurisdictional requirements of

Rule 41 Rule 41, titled ''Search and Seizure'', is a rule in the Federal Rules of Criminal Procedure. Overview In 2016 an amendment allowed judges to issue warrants allowing the FBI and other federal law enforcement agencies to use remote access tools ...

. All evidence gathered after that warrant was served was hence the fruit of the poison tree.

References

{{reflist

External links

Playpen affidavit
* ttps://www.documentcloud.org/documents/2830408-MozillaMotion.html#document/p1 Mozilla amicus curiae Computer security exploits Digital forensics software Federal Bureau of Investigation

Controversies

See also

References

External links