“As the hacking techniques become more ambitious, failure in execution can lead to large-scale privacy and civil liberties abuses at home and abroad,” said Ahmed Ghappour, a professor at the University of California’s Hastings College of the Law.
Some privacy advocates and analysts worry that in doing so, investigators may also wind up hacking and identifying the computers of law-abiding people who are seeking to remain anonymous, people who can also include political dissidents and journalists. In some cases, members of law enforcement agencies are placing malware on sites that might have thousands of users. Michaud’s is the lead case in a sweeping national investigation into child porn on what is known as the dark Web, a universe of sites that are off Google’s radar where users can operate with anonymity.Īs criminals become more savvy about using technology such as Tor to hide their tracks, investigators are turning to hacking tools to thwart them. Last July, Michaud was arrested and charged with possession of child pornography. With a second warrant, agents searched the suspect’s home and found a thumb drive that allegedly contained multiple images of children engaged in sex acts. Pewter was unmasked last year as Jay Michaud, a 62-year-old public schools administrator in Vancouver, Wash. From there, a subpoena to Comcast yielded his real name and address. When Pewter connected, the malware exploited a flaw in his browser, forcing his computer to reveal its true Internet protocol address. The agency, with a warrant, surreptitiously placed computer code, or malware, on all computers that logged into the Playpen site. In order to uncover Pewter’s true identity and location, the FBI quietly turned to a technique more typically used by hackers.
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To reach the site, he first had to install free software called Tor, the world’s most widely used tool for giving users anonymity online. "I would say that the aspects of this case are consensual, across the board.The user’s online handle was “Pewter,” and while logged on at a website called Playpen, he allegedly downloaded images of young girls being sexually molested. "She's indicated to me that she wants to continue to have contact with him," Gary Tabakman, the defendant's attorney, told the Chronicle. The court record alleges that the two engaged in Batman-and-Robin-style sexual fantasy role-play via text messages. The girl told investigators that the couple had a consensual sexual relationship. In addition to child-porn possession allegations, the tutor is charged with inducing the girl to send him nude photos-an alleged crime called "performance by child," according to court documents. "It's someone who was placed in a position to do a job and that job did not include developing inappropriate relationships with students that were in his care." "We entrust our educators with the care of all children, and that includes 17-year-olds," Assistant District Attorney Patrick Stanton told the Houston Chronicle. According to court records (PDF), the tutor gave police his phone and unlocked it for them, and nude images of the girl were allegedly recovered. Leiva posted $20,000 bond last week, and a local judge issued a no-contact order between the girl and the tutor.
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