Network Investigative Technique (NIT) is a form of malware (or hacking) employed by the FBI since at least 2002. It is a drive-by download computer program designed to provide access to a computer.
Controversies
editIts usage has raised both Fourth Amendment concerns[1] and jurisdictional issues.[2] The FBI has to date, despite a court order, declined to provide the complete code[3] in a child sex abuse case involving the Tor anonymity network.[4] On May 12, 2016 Mozilla filed an amicus curiae brief inasmuch as the FBI's exploit against the Mozilla Firefox web browsers potentially puts millions of users at risk. It asked that the exploit be told to them before it is told to the defendant, thus raising Fifth Amendment issues as well.[5] Also, US District Judge Robert J. Bryan in Tacoma, Washington has ruled that while the defendant in United States v. Michaud has the right to review the code, the government also has the right to keep it secret (two other federal judges in related cases have ruled to suppress evidence found as a result of the NIT);[6] On May 25, 2016, however, he ruled that "For the reasons stated orally on the record, evidence of the NIT., the search warrant issued based on the NIT., and the fruits of that warrant should be excluded and should not be offered in evidence at trial..."[7]
In March 2017 the American Civil Liberties Union, Electronic Frontier Foundation, and the National Association of Criminal Defense Lawyers released a 188-page guide to enable meaningful 4th Amendment analysis.[8] In April a Minnesota judge ruled that the warrant was invalid from the moment it was signed, given that the FBI agent knew that it exceed the jurisdictional requirements of Rule 41. All evidence gathered after that warrant was served was hence the fruit of the poisonous tree.[9]
Examples of government deployed NITs
editThe ACLU and Privacy International successfully litigated (see [18-cv-1488]) the release of U.S. sealed court records that revealed details about a NIT deployed in 2016 on 23 separate onion services of the Tor (network). The sworn affidavit submitted by a Special Agent of the FBI (affidavit template formerly written by the NAIC) indicated the NIT had the following abilities:
"The NIT will reveal to the government environmental variables and certain registry-type information that may assist in identifying the computer, its location, and the user of the computer...."
- The "activating" computer's actual IP address, and the date and time that the NIT determines what that IP address is;
- A unique identifier (e.g., a series of numbers, letters, and/or special characters) to distinguish the data from that of other "activating" computers.
That unique identifier will be sent with and collected by the NIT; - The type of operating system running on the computer, including type (e.g., Windows), version (e.g., Windows 7), and architecture (e.g., x 86);
- Information about whether the NIT has already been delivered to the "activating" computer;
- The "activating" computer's Host Name. A Host Name is a name that is assigned to a device connected to a computer network that is used to identify the device in various forms of electronic communication, such as communications over the Internet;
- The "activating" computer's Media Access Control ("MAC") address. The equipment that connects a computer to a network is commonly referred to as a network adapter. Most network adapters have a MAC address assigned by the manufacturer of the adapter that is designed to be a unique identifying number. A unique MAC address allows for proper routing of communications on a network. Because the MAC address does not change and is intended to be unique, a MAC address can allow law enforcement to identify whether communications sent or received at different times are associated with the same adapter.
List of Government Operations
editThere is a growing list of government operations that are known to have used NITS.
See also
edit
References
edit- ^ Poulsen, Kevin. "Visit the Wrong Website, and the FBI Could End Up in Your Computer". Wired. Archived from the original on 2018-01-11. Retrieved 2016-04-30.
- ^ Franceschi-Bicchierai, Lorenzo (2016-04-21). "This Technicality Could Spoil the FBI's Dark Web Hacking Operations". Motherboard. Archived from the original on 2016-04-24. Retrieved 2016-04-30.
- ^ Paganini, Pierluigi (2016-02-22). "The FBI must provide details on the network investigative technique used to hack more than 1000 computers in a case involving child pornography". Security Affairs. Archived from the original on 2024-07-29. Retrieved 2016-04-30.
- ^ Condliffe, Jamie (2016-03-30). "FBI Refuses to Divulge How It Tracked Pedophiles on Tor". Gizmodo. Archived from the original on 2024-07-29. Retrieved 2016-04-30.
- ^ Cushing, Jim (2016-05-12). "Mozilla Asks Court To Force FBI To Turn Over Information On Hacking Tool It Used In Child Porn Case: from the only-criminals-use-patched-browsers-amirite? dept". TechDirt. Archived from the original on 2016-05-12. Retrieved 2016-05-12.
- ^ Farivar, Cyrus (2016-05-19). "Judge says suspect has right to review code that FBI has right to keep secret: At issue is Tor malware that enabled the FBI to bust child porn ring". Ars Technica. Archived from the original on 2016-05-19. Retrieved 2016-05-20.
- ^ Farivar, Cyrus (2016-05-25). "Once more, a judge rules against gov't in Tor-enabled child porn case: DOJ may appeal: "We are disappointed with the ruling and considering our options."". Ars Technica. Archived from the original on 2016-05-25. Retrieved 2016-05-25.
- ^ Farivar, Cyrus (2017-03-30). "To fight Tor hack prosecutions, activist groups offer up legal help: Guide is intended to help level the legal playing field". Ars Technica. Archived from the original on 2024-07-29. Retrieved 2017-03-30.
- ^ Cushing, Tim (7 April 2017). "Judge Says FBI's NIT Warrant Invalid, Points Out FBI Agent Knew It Was Invalid When He Requested It". TechDirt (published 2017-04-07). Archived from the original on 2017-04-09. Retrieved 2017-04-08.