“The FBI could have handled this investigation in a different way, but they failed to,” Electronic Frontier Foundation staff attorney Mark Rumold told TechCrunch. The EFF has argued in another Playpen-related case that the NIT warrant was unconstitutional. “They just cast their net as wide as they could, and now they’re having to fight tooth and nail to bring these prosecutions. If they had done it in a way that was targeted in the first place, they wouldn’t have this problem,” he added.

Although this ruling is likely the end of the case against Levin, other defendants linked to Playpen are standing trial across the country. Judges in those cases are not bound to follow Young’s ruling, and those cases may still proceed. The Justice Department may also continue to bring charges against other suspected Playpen users — but Rumold says that’s not a good idea.

“At this point, there were so many problems with the way the FBI conducted this investigation that DOJ should just stop bringing these cases,” Rumold said.

Thursday, April 21, 2016
Tech Crunch