Essentially this means they're willing to let all 135 defendants walk rather than reveal the source code. (IANAL, but I'm pretty sure that when one of them goes free because of this, it sets a precedent that all defendants can use.)<p>This seems really fishy. The only way it makes sense is if the FBI is doing something massively illegal in that source code, and I can't even fathom what that would be. Perhaps there is no source code, and they're using NSA tools or other illegal wiretapping methods instead.
If there were any DA with integrity they'd drag the agents involved in this to a grand jury to get the evidence and code, then indict them put them on trial as the criminals they are.<p>But it won't happen because no DA would ever go prosecute anyone from the FBI unless the orders came from some politically powerful source. Too much risk to their career and of backlash.
So the options are:<p>1. Reveal code which will explain the exploit. This would take down the existing ring, but also allow other child-pornographers to patch their systems (probably the politically worst thing possible). It may also reveal publicly controversial investigative methods of the FBI.<p>2. Keep code private and potentially see the existing perps walk. This would preserve the exploit (maybe) for use another day, but might also be a risk to civil liberties.<p>What a mess.
So were they actually caught with anything incriminating, or is the only thing identifying them the IP address that the FBI seemingly obtained through now classified means?<p>Is the TL;DR: They were caught with child porn, but that evidence is inadmissible because the warrant that let the FBI find it relied upon this "NIT", and the FBI won't reveal the NIT?
A related talk really worth watching: <a href="https://media.ccc.de/v/33c3-8136-stopping_law_enforcement_hacking#video&t=1518" rel="nofollow">https://media.ccc.de/v/33c3-8136-stopping_law_enforcement_ha...</a><p>Makes the very solid argument the government hacks are like oilspills.