DOJ’s refusal to turn over code complicates child porn cases

SEATTLE – The Justice Department’s refusal to disclose information about a software weakness it exploited during a major child pornography investigation last year is complicating some of its prosecutions arising from the bust.

The cases stem from an investigation in which the FBI allowed a secret child porn website to continue operating for two weeks while it tried to identify users.

A federal judge in Washington state last month threw out the government’s evidence against one of more than 130 defendants, saying unless the FBI detailed the vulnerability it used to identify the man’s computer, he couldn’t mount an effective defense.

Now other defendants are seeking similar rulings. A judge in Virginia rejected one request Thursday.

The DOJ says it has provided all the information they need to defend against the charges.