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1st, 5th Circuits Back FBI Malware Warrant In Child Porn Case

Law360 (April 25, 2019, 10:57 PM EDT) -- The First and Fifth Circuits in separate rulings have refused to toss evidence the FBI gathered using malware about suspects in a massive child pornography sting, joining seven sister circuits in finding that law enforcement had obtained in good faith the sweeping warrant that authorized the investigative tactic.

The latest published appellate court decisions on Wednesday came in two cases among many filed in response to a warrant issued by an Eastern District of Virginia magistrate judge in 2015 that permitted federal agents using government-created malware to remotely monitor and intercept communications from users who interacted with a child pornography website...

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