As criminals become more savvy about using technology such as Tor to hide their tracks, investigators are turning to hacking tools to thwart them. In some cases, members of law enforcement agencies are placing malware on sites that might have thousands of users. Some privacy advocates and analysts worry that in doing so, investigators may also wind up hacking and identifying the computers of law-abiding people who are seeking to remain anonymous, people who can also include political dissidents and journalists.
“As the hacking techniques become more ambitious, failure in execution can lead to large-scale privacy and civil liberties abuses at home and abroad,” said Ahmed Ghappour, a professor at the University of California’s Hastings College of the Law. “It’s imperative that Congress step in to regulate exactly who and how law enforcement may hack.”
But Justice Department officials said that the government investigates crimes based on evidence of illegal activities. “When we obtain a warrant, it’s because we have convinced a judge that there is probable cause that we’ll be able to find evidence in a particular location,” said a senior department official, who spoke on the condition of anonymity under ground rules set by the department.