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Magistrate Judge Thomas Thalken rejected the defense motion, and any implication that the government acted in bad faith. “What I think you have here is an egregious violation of the Fourth Amendment.”īut last week U.S. “Normally someone who is subject to a search warrant is told virtually immediately,” says defense lawyer Joseph Gross Jr. Some defendants didn’t learn about the hack until a year after the fact.

Defense attorneys have urged the Nebraska court to throw out the spyware evidence, on the grounds that the bureau concealed its use of the NIT beyond the 30-day blackout period allowed in the search warrant.

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Today, with 14 of the suspects headed toward trial in Omaha, the FBI is being forced to defend its use of the drive-by download for the first time. The judge also allowed the FBI to delay notification to the targets for 30 days.

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The warrants authorized the FBI to modify the code on the servers to deliver the NIT to any computers that accessed the sites. Finally, on November 2012, the feds swooped in on McGrath, seized his servers and spirited them away to an FBI office in Omaha.Ī federal magistrate signed three separate search warrants: one for each of the three hidden services. Instead of going for the easy bust, the FBI spent a solid year surveilling McGrath, while working with Justice Department lawyers on the legal framework for what would become Operation Torpedo.

It turned out McGrath was hosting not one, but two child porn sites at the server farm where he worked, and a third one at home. They provided the information to the FBI, who traced the IP address to 31-year-old Aaron McGrath. They logged in and began poking around, eventually finding the server’s real Internet IP address in Bellevue, Nebraska. But when the agents got to a site called “Pedoboard,” they discovered that the owner had foolishly left the administrative account open with no password. That, in theory, is a daunting task-Tor hidden services mask their locations behind layers of routing. Then, armed with a search warrant from the Court of Rotterdam, the agents set out to determine where the sites were located. The NHTCU agents systematically visited each of the sites and made a list of those dedicated to child pornography. To that end, they wrote a web crawler that scoured the Dark Net, collecting all the Tor onion addresses it could find.

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Agents at the National High Tech Crime Unit of the Netherlands’ national police force had decided to crack down on online child porn, according to an FBI affidavit. Operation Torpedo began with an investigation in the Netherlands in August 2011. The FBI debuted its own solution in 2012, in an investigation dubbed “Operation Torpedo,” whose contours are only now becoming visible through court filings.

But let’s have an informed debate about it.” “If Congress decides this is a technique that’s perfectly appropriate, maybe that’s OK. “This is such a big leap, there should have been congressional hearings about this,” says ACLU technologist Chris Soghoian, an expert on law enforcement’s use of hacking tools. Critics also worry about mission creep, the weakening of a technology relied on by human rights workers and activists, and the potential for innocent parties to wind up infected with government malware because they visited the wrong website. But it’s also engendering controversy, with charges that the Justice Department has glossed over the bulk-hacking technique when describing it to judges, while concealing its use from defendants. The approach has borne fruit-over a dozen alleged users of Tor-based child porn sites are now headed for trial as a result.

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For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system. Now the technique is being adopted by a different kind of a hacker-the kind with a badge. It’s one of the most powerful tools in the black hat arsenal, capable of delivering thousands of fresh victims into a hackers’ clutches within minutes. Security experts call it a “drive-by download”: a hacker infiltrates a high-traffic website and then subverts it to deliver malware to every single visitor.

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