From ArsTechnica:

Tristan Schnurr On Wednesday, a federal judge in Washington state tossed all the evidence in a child pornography case that was obtained via an FBI-deployed Tor exploit. Absent a successful government appeal, it seems extremely difficult for prosecutors going forward in United States v. Michaud, suggesting that judges are continuing to push back on the FBI’s deployment of hacking tools.

“It’s hard to see how the government can secure a conviction without this key evidence,” Ahmed Ghappour, a law professor at the University of California, Hastings, told Ars.

Judges in at least two related cases in other states have also ruled in favor of defendants, on the grounds that the Virginia-issued warrant to deploy the NIT (network investigative technique) malware was invalid from the start. Those judges found that the warrant to search their computers in other parts of the country couldn’t have had force of law in other states as issued by the Virginia magistrate judge. Other judges, meanwhile, have said that the warrants were also invalid, but they did not go so far as to suppress evidence.

“For the reasons stated orally on the record, evidence of the NIT, the search warrant issued based on the NIT., and the…

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