FBI can collect home IP addresses without warrant when probing websites –



The FBI doesn’t need a warrant to collect private IP addresses and other computer-related data during probes and dragnets, a federal court has ruled. The judge said the FBI’s actions were within constitutional bounds, rejecting privacy concerns.

A court in Virginia declined to side with child pornography suspect Edward Matish, who accused the government of “unconstitutional” access to his private computer in February 2015.

Matish was one of 137 people charged in the probe of Playpen, a website that contained “tens of thousands” of child pornography postings of both videos and pictures.

Having officially obtained a warrant, in December 2014 the FBI installed a malware on Playpen's server to obtain identifying information from everyone logging into the website. Such tactic is officially known as “network investigative technique” or NIT.

The feds did not immediately shut Playpen down, but seized control over it and continued operating it from a government facility in the Eastern District of Virginia.

Between February and March 4, 2015, the malware automatically netted any users who input their logins and passwords. It then made their computers send certain information to the FBI, including IP addresses and operating system names.

This May, Matish filed a motion demanding the government suppress “all evidence seized from his home computer,” arguing that the issued warrant “lacked probable cause.”

On Wednesday, however, US District Judge Henry Coke Morgan rejected Matish’s motion, fully supporting the FBI by ruling that its agents did not need a warrant in the first place.

“The Court FINDS suppression unwarranted because the Government did not need a warrant in this case,” Morgan wrote.

Morgan argued that Matish had “no reasonable expectation of privacy” for his IP address when he logged into a child pornography website. Citing a Supreme Court ruling, Morgan compared the FBI’s actions to “peering into a gap in closed blinds,” which does not violate the Fourth Amendment.

“So, no constitutional violation resulted from the Government's conduct in this case,” Morgan ruled.

Wednesday’s ruling triggered sharp criticism from the Electronic Frontier Foundation (EFF), a digital rights group that called the decision “dangerously flawed.”

The EFF’s main concern is that Morgan’s ruling would set a precedent that “law enforcement would be free to remotely search and seize information from your computer, without a warrant, without probable cause, or without any suspicion at all.”

“To say the least, the decision is bad news for privacy,” EFF’s senior staff attorney Mark Rumold wrote.

The EFF had filed an amicus brief in support of Matish, arguing that the FBI’s dragnet violated the Fourth Amendment. However, the group admits that it “did not have the intended effect.”

http://www.rt.com/usa/348301-fbi-warrantless-ip-address/

Government has become the biggest Lawbreaker of them all!

It has but wtf are we supposed to do to counter this? Establish legal precedence on the testimony and motions of an alleged child pornography suspect? Damn them. We can't argue this case, as such any other case will establish legal precedence on the prosecution of this case and DAMN IT!!!!!

Privacy concerns are ALWAYS about specifics.

As described here, this wasn't about access to the guy's actual computer records, it was about what information he freely volunteered to what turned put to be a sting operation.

It doesn't say, here at least, that the government then proceeded to conduct an invasive search of the guy's computer, without a warrant.

Tell that to Kevin Mitnick in the 90's

Your IP address is logged every day. Where do you think spam mail comes from?

The govt is abuse. That's why our founding fathers gave us a Constitution limiting govt and the govt tries so hard to rewrite it daily.

They have been chipping away our rights for generations. Our 1st and 2bd amendments are about all that remain.... and that's only because people know what they are. Most have no Idea what our founding documents are much less what's in them or their meaning any more..... thanks to liberal policies invading our schools and the unions influencing our educators

My sentiments exactly!

why do you think they used a Pedophilia-Case as the test-case?

Little or no resistance

So basically, pay for a VPN.

i.e. “peering into a gap in closed blinds,” so buy better blinds.

Guys I hate to break it to you, but the feds have been collecting adresses or Ips since the early 90's. This is just their way of saying , we're the secret police, what about it?